Nilam Richard v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16608 of 2019 Arising Out of PS. Case No.-70 Year-2018 Thana- EAST COLONY District- Munger ====================================================== NILAM RICHARD Wife of Late Siril Frank Richard Resident of Bari Ashikpur, P.S.- East Colony, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner is languishing in custody since 23.09.2018 in a case registered for the offence punishable under Section 395 of the IPC.

The prosecution case, as per the fardbeyan of Rajesh Kumar Sinha, recorded by Ambika Prasad, S.H.O., of Kankarbagh Police Station on 17.09.2018 at cabin One, Railway Hospital, East Colony is to the effect that on the same day, a robbery was committed in the house of the informant, leading to registration of FIR against unknown persons. The name of the petitioner sprang up during investigation on the basis of confession of co-accused, Raja Kumar.

It is submitted that neither any recovery has been

Patna High Court CR. MISC. No.16608 of 2019(2) dt.29-03-2019 2/2 made from the possession of the petitioner nor the petitioner had been put on T.I. Parade. The petitioner is having a fair antecedent, apart from one case in which the petitioner is an accused. Lastly, it is submitted that similarly situated co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 6.2.2019 passed in Cr. Misc. No. 6623 of 2019.

The learned counsel for the informant Shri Pranav Kumar has vehemently opposed the prayer for bail. Considering the fact that name of the petitioner sprang up during investigation on the basis of confession of co-accused person and the petitioner has not been put on T.I. Parade, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-I, Munger in connection with East Colony P.S. Case No. 70 of 2018. (Mohit Kumar Shah, J) Tiwary/- U T