Jyoti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59427 of 2022 Arising Out of PS. Case No.-218 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== Jyoti Devi, Wife of Raj Kumar Singh, R/O Village- Paspura P.S- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-12-2022 This petition has been taken up for out of turn hearing on a mentioning slip being moved on behalf of the petitioner that the petitioner is in judicial custody with a small child of one year.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

In the present case, the petitioner seeks bail in connection with Chautham P.S. Case No. 218 of 2019, registered for the alleged offences under Sections 395 and 412 of the Indian Penal Code.

As per prosecution case, 10-12 unknown miscreants on gunpoint committed dacoity with the informant and other persons and looted a number of articles including cash, ATM card, PAN card, Aadhar card etc. The name of the petitioner

Patna High Court CR. MISC. No.59427 of 2022(2) dt.08-12-2022 2/3 transpired during investigation as one of the accused having complicity in the dacoity.

The learned counsel for the petitioner submits that the petitioner is a lady and she is a poor person and she found a mobile phone while she went out to ease herself. She put SIM card in the said mobile phone and due to this fact, she has been arraigned in the case. The petitioner is not involved in any other manner with the occurrence. She is wife of a poor labourer. She has nothing to do with the other accused persons. The petitioner is in custody since 12.08.2022 having clean antecedent. The charge sheet has been submitted in this case. Learned A.P.P. opposes the prayer for bail.

Having regard to the facts and circumstances and submissions made herein above and considering the probability of false implication and further considering the submission of charge sheet and the period of custody of the petitioner, who is a lady, along with her clean antecedent, she is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Chautham P.S. Case No. 218 of 2019, subject to the conditions mentioned in Section 437 (3) of the Code of

Patna High Court CR. MISC. No.59427 of 2022(2) dt.08-12-2022 3/3 Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T