Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52197 of 2022 Arising Out of PS. Case No.-220 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

REKHA DEVI W/O LATE HARMAN SINGH R/O VILLAGERAMGARHI (PALHANAPUR), P.S.- MANGALPUR, DIST.- KANPUR (DEHAT), UTTAR PRADESH 2.

KAMLESH KUMARI @ KAMLESH DEVI @ KUSHMA DEVI W/O BIRENDRA SINGH @ BRIJPAL (BABULAL) @ BIRENDRA KUMAR R/O VILLAGE- SINGLAMAU, P.S.- FAFUND, DIST.- KANPUR (DEHAT), UTTAR PRADESH, A/P R/O - VILLAGE- DHANUPURA, P.S.- KADAR CHOWK, DIST.- BADAYUN, UTTAR PRADESH ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deovind Kumar Singh For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-03-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners are seeking regular bail in connection with Sitamarhi P.S. Case No. 220 of 2022, registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code.

As per allegation, theft was committed in the

Patna High Court CR. MISC. No.52197 of 2022(4) dt.22-03-2023 2/3 jewellery shop of the informant.

The learned counsel for the petitioner has submitted that some accused persons were arrested in another case, in which their confessional statement were recorded and those accused persons have named the petitioner. The petitioners are ladies and nothing was recovered from their possession. They are under custody since 30.04.2022.

On the other hand, Sri J.N. Thakur, the learned APP for the State has opposed the prayer for bail and submitted that these two petitioners were present at the place, where raid was conducted. They are the members of an organized gang, which is involved in similar type of occurrence.

Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VIII, Sitamardhi in connection with Sitamarhi P.S. Case No. 220 of 2022, subject to the following conditions:

(i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

Patna High Court CR. MISC. No.52197 of 2022(4) dt.22-03-2023 3/3 (ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Kundan/Nirmal U T