Israt Praveen @ Baby v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45061 of 2021 Arising Out of PS. Case No.-783 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== ISRAT PRAVEEN @ BABY, Wife of Md. Mumtaz Alam @ Mumtaz Khan @ Langra, Resident of Mohalla- Tin Kothiya, P.S.- Mithanpura and DistrictMuzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Ms.Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-02-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Gulnar Begum, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Town P.S. Case No. 783 of 2020 registered for the offences punishable under Section 379 and 34 of the Indian Penal Code. She is in custody since 06.12.2020. The petitioner has got one criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, while the informant was paying fare to the Auto Driver after getting down at Saraiyaganj town, one person

Patna High Court CR. MISC. No.45061 of 2021(2) dt.21-02-2022 2/3 sitting on the Tempo snatched Rs. 1,50,000/- including his Aadhar Card and fled away. On being alarm raised by the informant the Tempo driver was caught and he disclosed the name of his associates including the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has one criminal antecedent and she is in custody in connection with this case since 06.12.2020. It is further submitted that her presence may be secured in course of trial.

Ms.Gulnar Begum, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the submission that it is a case under Section 379 of the Indian Penal Code in which the petitioner has remained in custody since 06.12.2020 i.e. for more than one year and at this stage the investigation is complete but the trial is not likely to be concluded in near future, the petitioner has got one criminal antecedent and her presence may be secured in course of trial, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties

Patna High Court CR. MISC. No.45061 of 2021(2) dt.21-02-2022 3/3 of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 783 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) vats/- U 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'.