Rani Devi @ Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36183 of 2021 Arising Out of PS. Case No.-161 Year-2007 Thana- KHAGARIA District- Khagaria ====================================================== RANI DEVI @ NIRMALA DEVI Wife of Ram Chandra Yadav Resident of Village - Kamalpur, P.S.- Khagaria, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Yadav For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest for the offences alleged under Sections 457, 380 and 411 of the Indian Penal Code, registered in connection with Khagaria (Chitragupta Nagar) P.S.Case No. 161 of 2007. As per allegation, some unknown thieves committed theft in the office of the Electricity Department and they took away Rs. 74,619/- which was kept in the chest of the Department. Some papers were also stolen away.

Patna High Court CR. MISC. No.36183 of 2021(3) dt.21-07-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is a lady. She resides in Delhi. She has no criminal antecedent. Though some papers were recovered from her house, hut the impugned order shows that the petitioner was not present in her house, rather one Chandan Kumar was present and he disclosed the name of the petitioner. He has submitted further that though the process under Section 83 of the Cr.P.C. has been issued, but there is no complicity of the present petitioner in the alleged occurrence. Since in the present case the process under Section 83 of the Cr.P.C. has been issued, the petitioner is directed to surrender before the court below and make a prayer for regular bail.

The learned court below shall dispose of the regular bail petition on the same day, without being prejudiced by this order. The learned court below may take notice of this fact that the petitioner is a lady of clean antecedent. At the time of occurrence, she was not present in her house, rather she was in Delhi. Aadhar Card shows her address to be of Delhi. With these observations, the application is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided

Patna High Court CR. MISC. No.36183 of 2021(3) dt.21-07-2022 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T