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Patna High CourtCR. MISC./47657/2015bail granted

Neelam Kumari v. The State Of Bihar

2015-11-03Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 47657 of 2015 Arising Out of PS.Case No. -322 Year- 2015 Thana -ARA NAGAR District- BHOJPUR ====================================================== Neelam Kumari Wife of Anil Kumar Yadav, Resident of Village - Chanda, P.S. - Ara Muffassil, District - Bhojpur at Ara at present residing at Hathi Tola, P.S. - Maner, District - Patna (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Ara Town P.S. Case No. 322 of 2015 dated 23.07.2015 instituted under Sections 498/380 of the Indian Penal Code.

The allegation against the petitioner, who is daughter-in-law of the informant, is of taking away eight and a half gms. of gold kept in a box of the informant. Learned counsel for the petitioner submits that the dispute is between mother-in-law and daughter-in-law and due to this she has been falsely implicated in the present case. It is submitted that both the informant and the petitioner had together gone out for shopping and just because the petitioner for a while had talked on her mobile and had returned home, the informant has falsely implicated her for the theft. It is

Patna High Court Cr.Misc. No.47657 of 2015 (2) dt.03-11-2015 2/2 submitted that the petitioner has no criminal antecedent. Learned A.P.P. is not in a position to controvert the fact that even in the F.I.R. only suspicion is raised against the petitioner.

Considering the facts and circumstances of the case and 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 each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in Ara Town P.S. Case No. 322 of 2015, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Ahsanuddin Amanullah, J.) Anand Kr.

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