Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59593 of 2021 Arising Out of PS. Case No.-458 Year-2021 Thana- NAGAR District- Vaishali ====================================================== ASHA DEVI Wife of Suresh Singh Resident of Sahdullapur Ward No.- 6, Chandan Patti, P.S.- Sakara, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 458 of 2021 instituted for the offences under Sections 395 and 412 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 20.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation in the F.I.R. is of committing dacoity in HDFC Bank by 4-5 unknown criminals in the age group of 20-25 years and of looting Rs. 1,19,60,777/- of the bank and from one customer. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would

Patna High Court CR. MISC. No.59593 of 2021(3) dt.22-03-2022 2/3 manifest that the allegation does not even remotely suggest that any woman was also involved in the occurrence. It is submitted that based on confessional statement of Md. Arman name of Indrasen (petitioner's son) transpired in the case. Learned counsel further submits that petitioner is the mother of Indrasen who had committed the occurrence and had kept the money in the house and when the house of Indrasen was raided, her mother was arrested and Rs. 23 lakhs were recovered from the house as such petitioner deserves to be enlarged on bail. Learned A.P.P.

for the State vehemently opposes the prayer for bail of the petitioner and submits that from perusal of the confessional statement of the petitioner, it would manifest that she has confessed before the police that she was aware that her son was in company of criminals who indulge in committing dacoity, loot etc. and it was with his money that the status of the house was being maintained. Learned A.P.P thus submits that the petitioner was aware of the misdeeds of her son but still she did not inform the police rather she was enjoying the status which she had acquired on account of misdeeds of her son. On query, the learned counsel for the petitioner submits that Indrasen presently is absconding.

Patna High Court CR. MISC. No.59593 of 2021(3) dt.22-03-2022 3/3 A.P.P for the State, the Court for the present is not inclined to grant bail to the petitioner. His prayer for bail stands rejected. (Satyavrat Verma, J) Rishi/- U T