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Patna High CourtCR. MISC./58403/2022allowed

Rina Devi v. The State Of Bihar

2023-01-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58403 of 2022 Arising Out of PS. Case No.-4 Year-2021 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== RINA DEVI W/o Sri Yugal Yadav Resident of village- Alipur, P.S.- Hilsa, District- Nalanda, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kaushlendra, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 379 of the IPC. As per prosecution case, some unknown miscreant took away the purse of informant from the train, in which she had kept her mobile, chargers and I.D. cards.

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 on suspicion. The F.I.R. was lodged against unknown and during investigation, name of petitioner transpired in the case on the basis of CDR and CAF of the stolen mobile. It also transpired that SIM card which was

Patna High Court CR. MISC. No.58403 of 2022(3) dt.23-01-2023 2/2 used in the said mobile was in the name of petitioner. It is submitted that petitioner is an old lady and she never took any SIM card in her name and the same was taken by some unknown person in her name. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, 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 Rail P.S. Bakhtiyarpur (Fatuha) Case No.04 of 2021 (G.R. No.08/2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T