Patna High CourtCR. MISC./2830/2019dismissed

Purnima Devi v. The State Of Bihar And ANR

2019-01-22Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2830 of 2019 Arising Out of PS. Case No.-503 Year-2005 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Purnima Devi, Wife of Late Uday Kant Jha Resident of Village- Mailam, P.S.- Andharathadhi, District- Madhubani.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Chandra Nand Thakur, Son of Late Kapileshwar Thakur R/o Village- Mailam, P.S. Andharathadhi, District- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar, Advocate.

For the Opposite Party/s :

Mr. Bharat Lal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of her arrest in connection with C.R. Case No. 503 of 2005 (T.R. No. 2364 of 2011) instituted for the offences under Sections 147, 148, 149, 323, 324, 452, 341, 504 and 380 of the Indian Penal Code and under Section 27 of the Arms Act.

The allegation against the petitioner in the aforesaid complaint is that she had stolen away one Philips radio from the house of the informant. Various defence has been raised by the learned counsel for the petitioner in support of her false implication but the fact of the matter remains that the

Patna High Court Cr.Misc. No.2830 of 2019(2) dt.22-01-2019 2/2 allegation is only of taking away a Philips radio worth Rs. 1000/-. The petitioner is an old lady aged about 60 years.

However, since permanent warrant of arrest has been issued against her for her having absconded from the process of law, I am not inclined to grant anticipatory bail to her.

Accordingly, the prayer for anticipatory bail is rejected.

However if the petitioner surrenders before the court below and seeks bail, the court below shall take into account that the allegation is only of taking away a radio and that the petitioner is a lady without any criminal antecedents and shall pass an order in accordance with law, preferably on the same day. (Ashutosh Kumar, J) krishna/- U T