Patna High CourtCR. MISC./86695/2019bail granted

Mosmat Badami Devi v. The State Of Bihar

2020-02-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86695 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- KURLIKOT District- Kishanganj ====================================================== Mosmat Badami Devi, aged about 45 years, Female, W/o Late Gopal Tanti @ Late Gopal Tanti, Resident of Village - Jhala, P.S.- Kurlikot, Dist.- Kishanganj.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amal Kumar Sinha For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-02-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State.

2. Petitioner apprehends her arrest in connection with Special Case No.419 of 2019 arising out of Kurlikot P. S. Case No.66 of 2019 registered for the offences punishable under Sections 272, 273 and 290 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The first information report discloses that the alleged recovery has neither been made from the possession of the petitioner nor from her house and it is alleged that the said recovery was made from a bush situated in front of house of the petitioner.

4. Therefore, even if the aforesaid prosecution story

Patna High Court CR. MISC. No.86695 of 2019(2) dt.13-02-2020 2/2 assumed to be true. then also the case under Bihar Prohibition and Excise Act, 2016 does not appear to be made out against the petitioner.

5. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IInd-cumSpecial Judge, Excise Act, Kishanganj in connection with Special Case No.419 of 2019 arising out of Kurlikot P. S. Case No.66 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash/- U T