Asha Devi Khatri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37526 of 2022 Arising Out of PS. Case No.-418 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Asha Devi Khatri Wife Of Panchu Gopal Khatri Resident Of Mohalla - 509, G.T. Road, South Howrah, P.S. - Howrah, District - Howrah, 711101. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is an old lady. He submits that no incriminating article has been recovered from the possession of the petitioner. He submits that there is no specific overt act against the petitioner. He submits that there is no specific allegation levelled against the petitioner and being the owner of the said vehicle, she has been made accused in this case. He submits that the petitioner has authorized Md. Haidar Ali Khan to drive the said vehicle on road and letter of

Patna High Court CR. MISC. No.37526 of 2022(3) dt.03-11-2022 2/2 authorization made which is valid from 05.11.2021 to 04.11.2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jagdishpur Bye Pass P.S. Case No. 418 of 2021, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T