Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16560 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== SHOBHA DEVI W/O- Raju Chaudhary @ Raju Chadri R/O MohallaSahebganj, P.S.- University, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-05-2023 Heard Mr. Chandra Shekhar Anand, learned counsel for the petitioner and Mr. Akbar Ali, learned Additional Public Prosecutor appearing for the State.

Petitioner apprehends her arrest in connection with Tatarpur (University O.P.) P.S. Case No. 128 of 2022 dated 21.06.2022 registered for the offence punishable under Section 381 of the Indian Penal Code.

As per the First Information Report, the petitioner was working as a maid servant in the house of the informant and has allegedly stolen the gold ornaments of informant's wife. Learned counsel for the petitioner submits that the petitioner has been implicated in this case on the basis of

Patna High Court CR. MISC. No.16560 of 2023(2) dt.29-05-2023 2/3 suspicion only and she has not committed any offence in the manner alleged. He further submits that no stolen article has been recovered from the possession of the petitioner in raid conducted in the house of the petitioner by the police. Petitioner was working as a maid servant on monthly salary of Rs. 4,000/- which was not being paid to her by the informant for the last many months and upon demand she has falsely been implicated in the present case.

Regards being had to the submission made by the parties and taking into consideration the fact that the petitioner has been made accused on the basis of suspicion, no stolen article has been recovered from the house of the petitioner and she has got no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.

This application is accordingly allowed.

Accordingly, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VIIth, Bhagalpur, in connection with Tatarpur (University O.P.) P.S. Case No. 128 of 2022, subject to the

Patna High Court CR. MISC. No.16560 of 2023(2) dt.29-05-2023 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) maynaz/- U T