Rubi Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86643 of 2019 Arising Out of PS. Case No.-540 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

RUBI KHATOON W/o Rafik Ansari R/o Mehsaul, Ward No.5, P.S.- Sitamarhi, Distt- Sitamarhi.

2.

Rafik Ansari @ Md. Rafik Ansari S/o Awas Ansari R/o Mehsaul, Ward No.5, P.S.- Sitamarhi, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Jubair Ansari For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2020 This application, for grant of anticipatory bail, arises out of Sitamarhi P.S. Case No. 540 of 2019, disclosing offences under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition of Excise Act, 2016. Allegation is of recovery of 6.5 litres of liquor from the house of the petitioners.

Submission of learned counsel for the petitioners is that at the time of recovery of liquor, petitioner no. 1 was admitted in the hospital as she was assaulted by her brother, who is informant in the present case and he has kept the liquor in the house and implicated the petitioners as there was dispute between them with respect to property of father. Further

Patna High Court CR. MISC. No.86643 of 2019(2) dt.22-01-2020 2/2 submission is that they have no criminal antecedent and ready to cooperate in investigation.

Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge, Sitamarhi, in connection with Sitamarhi P.S. Case No. 540 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is further subject to the condition that they will cooperate in investigation of the case and will appear as and when required by the police.

(Vinod Kumar Sinha, J) sunilkumar/- U T