Patna High CourtCR. MISC./39359/2023allowed

Suruchi Devi v. The State Of Bihar

2023-07-28Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39359 of 2023 Arising Out of PS. Case No.-1595 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Suruchi Devi, Wife of Sri Ramadhin Prasad @ Ramadin Prasad, Resident of village - Mainpura, P.O.- Neura, P.S. - Phulwarisharif, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Raj, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Phulwarisharif P.S. Case No. 1595 of 2022 instituted under Section 135 of the Electricity Act.

3. The allegation against the petitioner is that despite the disconnection of the power, she was using the electricity which caused a loss of Rs. 99,605/- to South Bihar Power Distribution Company Limited.

4. Learned counsel for the petitioner submits that the petitioner does not reside in the house where raid was conducted and no one from the family of the petitioner also resides, the petitioner is living at some other place. Petitioner will settle the dues, if any, to the South Bihar Power Distribution Company

Patna High Court CR. MISC. No.39359 of 2023(2) dt.28-07-2023 2/2 Limited. Petitioner has no criminal antecedent.

5. Learned A.P.P. opposes the prayer for anticipatory bail.

6. Considering the fact that petitioner is ready to settle the dues, if any, to South Bihar Power Distribution Company Limited and also submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge, PESU Court, Patna in connection with Phulwarisharif P.S. Case No. 1595 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashutosh/- U T