Gudiya Devi @ Muskan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22586 of 2025 Arising Out of PS. Case No.-358 Year-2024 Thana- BAHADURPUR District- Patna ====================================================== Gudiya Devi @ Muskan, Wife of Prabhu Ram, Daughter of Sri Sukhan Saw, Resident of 5, Ambedkar Colony, Behind Vaishali Cinema, East Lohanipur, Khadpar, P.O. and P.S. - Kadamkuan, District - Patna - 800003 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Ranjan Sinha, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Bahadurpur (Patna) P.S. Case No.358 of 2024 registered under Sections 306, 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. Allegation against the petitioner is to commit theft in the house of informant and while committing so, she was caught red-handed with one wrist watch and cash of Rs. 18,000/-.
4. It is submitted by learned counsel that the petitioner was working as maid in the house of informant. It is
Patna High Court CR. MISC. No.22586 of 2025(2) dt.01-05-2025 2/3 pointed out that petitioner has been falsely implicated with present case when she denied sexual advancement of brother of the informant. It is further pointed out by learned counsel that when a dispute surfaced qua previous salary, the present false implication was raised. It is submitted that the FIR was lodged with delay of sixty days, suggesting an afterthought event. The petitioner claimed to be a lady of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact as the petitioner admittedly working in the house of informant as maid servant, where stolen items prima facie not appears produced before the police, coupled with the fact that petitioner is a lady of clean antecedent accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-2nd Class, Patna City, Patna in connection with Bahadurpur (Patna) P.S. Case No.358 of
Patna High Court CR. MISC. No.22586 of 2025(2) dt.01-05-2025 3/3 2024, subject to the conditions as laid down under Section 438(2) of the CrPC./under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Sanjeet/- U T