Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69320 of 2018 Arising Out of PS. Case No.-1126 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Rekha Devi Wife of TriMohan Thakur, Resident of Village-Bathana P.S. Ahiyapur District Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of her arrest in connection with Ahiyapur P. S. Case No. 1126 of 2017 dated 30.12.2017 instituted for the offences under Sections 461, 379, 411 and 34 of the Indian Penal Code. The petitioner and her son were arrested by the informant while committing theft in his shop. The police authorities were summoned but before they could come, the petitioner could manage to run away. From the possession of her son who was accompanying the petitioner, stolen articles and Rs. 2500/- in cash was recovered. It has further been

Patna High Court Cr.Misc. No.69320 of 2018(2) dt.19-12-2018 2/3 alleged in the F.I.R. that the petitioner and her son have been committing theft in various shops on regular basis. Learned counsel for the petitioner has submitted that from the narration made in the F.I.R. itself, the allegation appears to be absurd and false. If the petitioner was nabbed by the informant with the help of local persons, it is difficult to presume that the petitioner being a lady would manage to extricate herself and run away. The other aspect of the matter is that the details of the articles stolen has not been provided by the informant. So far as the recovery of cash from the son of the petitioner is concerned, there is no statement that in the cash box of the shop, cash was available over night. Be it noted that the informant had caught the petitioner early in the morning while opening his shop for the first time.

Considering the aforesaid facts as also taking into account that the petitioner has clean antecedents, the petitioner, above-named, is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of

Patna High Court Cr.Misc. No.69320 of 2018(2) dt.19-12-2018 3/3 receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P. S. Case No. 1126 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U