Kanchan Devi @ Ghorawali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62059 of 2018 Arising Out of PS. Case No.-231 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Kanchan Devi @ Ghorawali, Wife of Late Prakash Gop, Resident of MohallaMansoorganj Mushahari, P.S.-Malsalami, District-Patna. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Shekhar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-10-2018 Heard Sri Raj Shekhar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is a lady, apprehending her arrest in Malsalami P.S. Case No.231 of 2018, corresponding to Special Case No.5705 of 2018 registered for the offence under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of her arrest or surrender. Learned counsel for the petitioner, at the very outset, has drawn my attention to the statement made in paragraph-3 of the petition to show that the petitioner is having clean antecedent. He further submits that the petitioner has maliciously been made accused by the local residents, otherwise there was no involvement of the petitioner. By way of referring

Patna High Court Cr.Misc. No.62059 of 2018(2) dt.06-10-2018 2/2 to the F.I.R., learned counsel for the petitioner submits that the informant, who is a police officer, himself has stated that he had seen one Ashok Rai fleeing away after noticing the police party and he was concealing a bag, containing huge quantity of country-make liquor.

Besides hearing, I have also perused the material on record.

Considering the fact that the petitioner is having clean antecedent as well as the fact that she is a lady, in the event of her arrest or surrender within a period of six weeks from today, let the petitioner, namely, Kanchan Devi @ Ghorawali be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Malsalami P.S. Case No.231 of 2018, corresponding to Special Case no.5705 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J.) nawalkrs/- U T