Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55828 of 2025 Arising Out of PS. Case No.-439 Year-2025 Thana- DANAPUR District- Patna ====================================================== Mamta Devi W/O Mantu Kumar R/O Vill.- Ahpura, P.S.- Sandesh, DistrictBhojpur At Present Resident of Mohalla- Sultanpur near Samudayik Bhawan in the house of Abhay Kumar, P.S.- Danapur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tejaskar Anand, Advocate Mrs. Arpana Kumari, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 1 of the bail application in course of day.

3. The petitioner seeks bail in connection with Danapur P.S. Case No. 439 of 2025, instituted for the offences punishable under Sections 306 and 317(2) of the Bharatiya Nyaya Sanhita, 2023.

4. The prosecution case, in short, is that the petitioner who is maid of the informant had stolen the key of her house

Patna High Court CR. MISC. No.55828 of 2025(2) dt.20-08-2025 2/3 and when she inquired the petitioner, then she denied about the same. It is further alleged that after two days in her absence, the household articles were found scattered and through CCTV footage it was revealed that the petitioner entered into the house of the informant and had stolen gold and silver ornaments from the house.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is named in the FIR. The petitioner has been apprehended by the police and she has also confessed her guilt but no any stolen article has been recovered from the possession of the petitioner. The confession before the police has got no evidentiary value. It is further submitted that the petitioner was only working as a maid in the house of the informant and the stolen articles have been recovered from the possession of co-accused, namely, Abhay Kumar, Shyam Kumar and Tanya Kumari. The petitioner is in custody since 04.05.2025 and has got no criminal antecedent.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Patna High Court CR. MISC. No.55828 of 2025(2) dt.20-08-2025 3/3

7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Danapur P.S. Case No. 439 of 2025. (Rudra Prakash Mishra, J) Rajorshi/- U T