Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17413 of 2020 Shobha Devi, wife of Mahindra Sah, resident of Village-Sishani, P.S.- Pakaridayal, District-East Champaran........................ ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar No.2, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-07-2020 Heard learned counsel for the petitioner and Sri Akhileshwar Dayal, learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Pakaridayal P.S. Case No.254/2019 registered for the offence punishable under Section 380 of the Indian Penal Code. Learned counsel for the petitioner submits that the First Information Report has been lodged against unknown. In course of investigation on mere suspicion the name of this petitioner has been brought in this case on the basis of a confessional statement of the husband of the petitioner. It is specifically submitted by the petitioner that none of the stolen article has been recovered from the house of this petitioner. It is further submitted that this petitioner is a maidservant of the informant and informant had not shown any suspicion against the petitioner initially, but now the petitioner is being involved in this case. Learned APP for the State has though opposed the prayer for anticipatory bail of the petitioner, but considering the facts and circumstances of the case that the petitioner is a maidservant of the

Patna High Court CR. MISC. No.17413 of 2020(2) dt.21-07-2020 2/2 informant, in the First Information Report there is no allegation against her and it is the specific case of the petitioner that no stolen article has been recovered from her house as also that she has no criminal antecedent, let the petitioner above named in the event of her arrest or surrender within a period of six weeks from today in connection with Pakaridayal P.S. Case No.254/2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Vth, Motihari, East Champaran, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court.

(Rajeev Ranjan Prasad, J) avin/arvindU T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.