Fulbati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46566 of 2023 Arising Out of PS. Case No.-65 Year-2017 Thana- HASANPUR District- Samastipur ====================================================== Fulbati Devi W/O Maharaj Mukhiya R/O Village- Bakhari, Belsandi, P.SBithan, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :
Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 380 of the Indian Penal Code.
3. Allegation is of committing theft in the house of the informant and took out cash Rs. 20,000/- from the packed of the father of the informant, documents of land, ornaments and mobile.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that petitioner is not named in the FIR and her name has been surfaced on the basis of CDR and CAF of stolen mobile. He submits that no stolen article has been
Patna High Court CR. MISC. No.46566 of 2023(3) dt.19-09-2023 2/2 recovered from the possession of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. 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 Hasanpur P.S. Case No. 65 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T