Varsha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23341 of 2022 Arising Out of PS. Case No.-327 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== VARSHA KUMARI W/o - Piyush Kumar R/o- Chhoti Nagala, P.S. - Malsalami, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in a case registered under Section 395 of the Indian Penal Code. Prosecution case, in short, is that five unknown persons entered into the jewellery shop and looted articles worth Rs.19 lacs.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.23341 of 2022(2) dt.13-05-2022 2/2 present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case on the confessional statement of co-accused recorded under Section 161 of Cr.P.C. made before the police. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of any incriminating article from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Begusarai Town P.S. case No.327 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T