Sima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6790 of 2025 Arising Out of PS. Case No.-88 Year-2024 Thana- Kavaiya District- Lakhisarai ====================================================== Sima Devi Wife of Naresh Prasad Rajak @ Naresh Rajak Reident of VillageJainagar, Lalpahari, Ward No.33, PS- Kabaiya, Distt.- Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Managing Director, South Bihar Power Distribution co. Ltd, Patna, Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP Mr. Vivek Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned counsel for the respondents.

2. The petitioner seeks pre-arrest bail in connection with Kabaiya P.S. Case No. 88 of 2024 registered for the offence(s) punishable under Section 135 of the Electricity Act.

3. As per the allegation made in the FIR, due to theft of electricity by the petitioner, the South Bihar Power Distribution Company Limited has suffered a loss of Rs.2,00,633/-.

4. Learned counsel appearing on behalf of the petitioner submitted that FIR has been lodged to pressurize the

Patna High Court CR. MISC. No.6790 of 2025(2) dt.07-03-2025 2/2 petitioner to deposit the alleged amount of money of Rs.2,00,633 /- on account of loss caused to the South Bihar Power Distribution Company Limited. The offence is compoundable under Section 152 of the Electricity Act, 2003.

5. Learned APP for the State has also vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the offence being compoundable, the petitioner, above named, is directed to be released on prearrest bail, for availing the remedy as contained in Section 152 of the Electricity Act, in the event of her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Kabaiya P.S. Case No. 88 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The bail application stands disposed of.

(Purnendu Singh, J) Sanjay/- U T