Smt. Rekha Sinha @ Rekha Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46984 of 2015 Arising Out of PS.Case No. -277 Year- 2015 Thana -PURNEA SADAR District- PURNIA ====================================================== Smt. Rekha Sinha @ Rekha Sinha, wife of Sri Om Prakash Shastri, resident of Mohallah - Block Colony, Khushkibagh P.S. Sadar, District Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Junior Engineer of Electricity Board Department, Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-10-2015 Heard Sri Amit Kumar Anand , learned counsel for the petitioner.

The petitioner apprehending her arrest in connection with Sadar P.S. Case No. 277 of 2015 registered for the offence under Section 135 of the Electricity Act has prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that on an allegation of theft of electricity a case has been instituted. He further submits that of -course it has been alleged that due to such illegal action the Electricity Board has suffered a loss of Rs. 65,069/- the petitioner is still ready to deposit the same.

Be that as it may, since under the provisions of Electricity Act there is already provision for compounding of the

Patna High Court Cr.Misc. No.46984 of 2015 (2) dt.05-10-2015 2/2 offence, that matter can be examined by the court below at appropriate stage. Accordingly, in view of the nature of accusation, let the petitioner, namely Smt. Rekha Sinha @ Rekha Sinha in the event of her arrest or surrender be enlarged 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 learned Chief Judicial Magistrate, Purnea, in connection with Sadar P.S. Case No. 277 of 2015 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure, with a further condition that the petitioner shall take all steps either to deposit the entire amount suffered by the Electricity Board within a period six months or she may take all steps for compounding of the offence under the Electricity Act, failing which bail granted to the petitioner shall stand cancelled after expiry of six months.

(Rakesh Kumar, J) Praful/- U T