Bicky Kumari @ Monika Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20813 of 2021 Arising Out of PS. Case No.-361 Year-2016 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.

Bicky Kumari @ Monika KumariW/o Amresh Kumar Rai R/o Village- Piro Ward No. 8 Behind Bajaj Agency, P.S.- Piro, District- Bhojpur. 2.

Amlesh Kumar @ Amlesh Kumar Rai S/o Vijay Kumar Rai R/o VillagePiro Ward No. 8 Behind Bajaj Agency, P.S.- Piro, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Sharan Sharma, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-11-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 380 of the Indian Penal Code.

Learned counsel for the petitioner submits that the FIR of the occurrence of theft of ornament is against unknown. Petitioner Monika Kumari is wife of petitioner

Patna High Court CR. MISC. No.20813 of 2021(2) dt.29-11-2021 2/3 No.2 Amlesh Kumar @ Amlesh Kumar Rai and daughter of Kajal Devi full sister of the informant. Due to family dispute false case has been lodged. The petitioners have stated on oath that they have got no criminal antecedent.

Learned counsel for the informant opposed the prayer on the ground that stolen ornaments were recovered from the house of the petitioners. Hence, prima facie case of theft from the dwelling house is made out.

Considering background of allegation and nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ara Nawada Police Station Case No. 361 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

Patna High Court CR. MISC. No.20813 of 2021(2) dt.29-11-2021 3/3 The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T