Salma @ Rani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42668 of 2018 Arising Out of PS.Case No. -107 Year- 2018 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Salma @ Rani, Wife of Md. Ibran, Resident of Banns Kothi, Digha, P.S.- Digha, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 07.05.2018 in connection with Sri Krishna Puri (S.K. Puri) P.S. Case No.107 of 2018 registered for the offence under Sections 381 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the allegation is that the petitioner, who was working in the house of the mother-in-law of the informant, had stolen the ornaments of the mother-in-law, the entire case is based on suspicion. Learned counsel for the petitioner further submits that the petitioner is a poor lady and earns her livelihood by

Patna High Court Cr.Misc. No.42668 of 2018 (2) dt.26-07-2018 2/3 working door to door and lives with her aged mother along with her five children as the husband has already deserted her. It is further submitted that the story of recovery has also been made out by the police and actually, no recoveries were made from her as she was arrested near Don Bosco School at Boring- Patliputra road. The seizure list witness is none other than the Driver of the informant, who is an interested person. Considering the entire facts and circumstances and that the petitioner has got no criminal antecedents, let the petitioner, above named, be released on bail on her furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Praveen Kumar Singh, learned Additional Chief Judicial Magistrate, Patna, in connection with Sri Krishna Puri (S.K. Puri) P.S. Case No.107 of 2018, subject to the following conditions:

(1) One of the bailors will be the mother of the petitioner.

(2) The petitioner shall not indulge herself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of her failure on two consecutive dates without sufficient reasons,

Patna High Court Cr.Misc. No.42668 of 2018 (2) dt.26-07-2018 3/3 her bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T