Pradeep Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51105 of 2024 Arising Out of PS. Case No.-182 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Pradeep Paswan S/o Ramjatan Paswan, Resident of village massa, P.S. - Jale, Distt. - Darbhanga 2.

Ful Kumari @ Ful Kumari Devi W/o Pradeep Paswan, Resident of village massa, P.S. - Jale, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kumar, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Bahadurpur P.S. Case No. 182 of 2024 instituted under Section 380 of the Indian Penal Code.

3. As per the prosecution case, the wife of the informant had kept her jewellery in the drawer of the dressing table on 08.03.2024. When on return on 13.03.2024, the wife of the informant have not found the said jewellery. It is further alleged that the petitioners were working as servant in the house of the informant and the petitioner no. 1 had accepted that the theft of jewellery was done by his wife who is petitioner no. 2

Patna High Court CR. MISC. No.51105 of 2024(2) dt.31-08-2024 2/3 but not return the same despite given the assurance to return the same.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case only on the basis of suspicion. He further submits that there is inordinate delay in lodging the FIR. Learned counsel also submits that nothing incriminating article has been recovered from the conscious possession of the petitioners and the allegation that the petitioner no.1 had accepted the theft committed by his wife cannot be believed. He further submits that petitioners have no criminal antecedent and they undertake to co-operate in the investigation and the trial.

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

6. 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 petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate 1st Class, Darbhanga / Concerned Trial Court in connection with Bahadurpur P.S. Case No. 182 of

Patna High Court CR. MISC. No.51105 of 2024(2) dt.31-08-2024 3/3 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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