Guddi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46674 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== GUDDI DEVI Wife of Sanjay Kumar Resident of Village-Raja Dumri, P.S.- Muffasil (Lakho O.P.), District-Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

North Bihar Power Distribution Company Ltd. Patna Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mrs.Anita Kumari, APP For the Electricity Board:

Dr. Anand Kumar, Adv.

Mr.Ramesh Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner, learned counsel for the North Bihar Power Distribution Company Limited and learned APP for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 135 of Electricity Act. 3.

Allegation on petitioner is that she had made loss to the Electricity Department worth Rs.6,54,371/- (theft of electricity). 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case merely on suspicion. It is submitted that vide order dated 08.09.2023, the informant prayed for time to file a detailed counter-affidavit or take

Patna High Court CR. MISC. No.46674 of 2023(3) dt.19-09-2023 2/2 instruction but no counter-affidavit has been filed nor any instruction has been given by the said Company. Learned counsel for the petitioner submits that the current balance shown by the Mobile app on 20.01.2023 was Rs.17507/- and thereafter the petitioner deposited Rs.18,000/- on 23.01.2023 and final balance shown as Rs.348.05/-. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the Electricity Board opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering that there is accounting dispute between the parties, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, 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 Muffasil P.S. Case No.36/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T