Indu Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39772 of 2017 Arising Out of PS.Case No. -12 Year- 2015 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Indu Devi, Wife of Krishna Sahani,

2. Krishna Sahani, Son of Bhuwan Sahani, Both resident of Village- Bada Baishaha, P.S.- Chakia, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners are languishing in judicial custody since 21.04.2017 in connection with Chakia P.S. Case No. 12 of 2015 registered for the offence punishable under Sections 414/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that during course of investigation of a stolen mobile in connection with Motihari Rail P.S. Case No. 26 of 2014, CDR of the mobile was activated and located with petitioner no.2. The house of petitioner no.2 was raided and three mobiles alleged to be stolen, have been recovered. Petitioner no.1 is the wife of

Patna High Court Cr.Misc. No.39772 of 2017 (2) dt.01-09-2017 2/2 petitioner no.2, who absconded.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and were not aware that the mobiles were stolen one. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution witnesses.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioners above named be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chakia P.S. Case No. 12 of 2015, subject to the condition that both the bailors would be close relative of the petitioners.

(Nilu Agrawal, J.) Arjun/- U T