Patna High CourtCR. MISC./872/2015bail granted

Gulsaniya Khatoon v. The State Of Bihar

2015-02-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.872 of 2015 ======================================================

1. Gulsaniya Khatoon Wife of Ghural Mian Resident of Mohalla-Dargah Karbala,P.S-Sultanganj,Distt.-Patna(Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar, Advocate. For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 Heard both sides.

The petitioner seeks bail in G.R.P. Bakhtiarpur (Fatuha) P.S. Case No. 84 of 2014, registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. The informant alleged that while he was sitting on platform no. 3, the petitioner with the help of another lady snatched her chain and on alarm the petitioner along with another lady were apprehended and from possession of the petitioner a gold chain was recovered.

Learned counsel for the petitioner submits that the seizure list was made before the institution of the case, but the seizure list does not bear the FIR number which creates a doubt about the genuineness of the case. It is further submitted that the

Patna High Court Cr.Misc. No.872 of 2015 (3) dt.02-02-2015 petitioner is an old lady and one chain is said to have been recovered, but the chain was not in broken condition. The petitioner has also got a case being Patna Junction Rail P.S. Case No. 154 of 2014, registered under Section 414 of the Indian Penal Code in which only Rs. 400/- was recovered from the possession. Learned APP opposed the prayer for bail.

On perusal of record, it appears that of course there is allegation of snatching of chain, but the petitioner is an old lady and she has already remained in jail for three months for recovery of a gold chain.

Considering the facts aforesaid, the petitioner is directed to 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 the learned Railway Judicial Magistrate, Patna in connection with G.R.P. Bakhtiarpur (Fatuha) P.S. Case No. 84 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T