Mitali Sarkar v. The State Of Bihar
Patna High Court Cr.Misc. No.23844 of 2017 (2) dt.14-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23844 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== Mitali Sarkar Wife of Raja Sarkar @ Raj Kishore Sarkar, Resident of Mohalla- Anandbag, P.S.- Ishakchak, District- Bhagalpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ranjan Kumar Jha, Advocate.
For the Opposite Party : Mr. Anil Kumar Singh 1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2017 Heard both sides.
The petitioner apprehends her arrest in Ishakchak P.S. Case No. 192 of 2016, registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. The informant alleged that he went to his native village on the eve of Durgapuja after handing over the keys of the house to the petitioner Mitali Sarkar, wife of Raja Sarkar @ Raj Kishore Sarkar but the informant got information that theft was committed in his house. The informant came and saw that the lock was broken and all the articles kept in the locker including ornaments and cash were stolen away.
Learned counsel for the petitioner submits that the petitioner is a lady. The theft was committed in the house of the
Patna High Court Cr.Misc. No.23844 of 2017 (2) dt.14-07-2017 informant but there is nothing on record to show that the petitioner or husband committed theft. The petitioner is next door neighbour of the informant. The husband of the informant has already been arrested.
Considering the facts aforesaid and the fact that merely suspicion is raised against the petitioner and the petitioner is a lady, the petitioner above named in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, VIth, Bhagalpur in Ishakchak P.S. Case No. 192 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J.) KKSINHA/- U T