Sobha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4547 of 2015 Arising Out of PS.Case No. -54 Year- 2014 Thana -MAGADH UNIVERSITY District- GAYA ======================================================

1. Sobha Kumari wife of Laxmikant Kumar daughter of Rameshwar Rai Resident of Quarter No. D/14, Magadh University Campus, Bodhgaya, P.S. - Magadh University, District - Gaya, At present residing at Village - Jethuli, P.S. - Fatuha, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar, Advocate. For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard both sides.

The petitioner apprehends his arrest in Magadh University P.S. Case No. 54 of 2014, registered for the offences punishable under Sections 406, 379 and 34 of the Indian Penal Code.

Kumari Rita Sinha, the mother-in-law of the petitioner lodged the case for theft of ornaments and household articles.

Learned counsel for the petitioner submits that the occurrence is of 23.07.2014 and the present FIR was lodged on 02.08.2014. The informant is not an eye witness of the occurrence. The petitioner happens to be daughter-in-law of the informant.

Patna High Court Cr.Misc. No.4547 of 2015 (2) dt.03-02-2015 Since the informant was not happy with the behaviour of the petitioner as the husband of the petitioner is step son of the informant, the informant lodged this case on mere suspicion. The petitioner has also filed a complaint case, of course, in the month of December, 2014.

Having considered the facts aforesaid and the fact that the FIR is lodged after ten days of the occurrence that too on mere suspicion non-else but against the daughter-in-law of the informant, the petitioner, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Gaya in connection with Magadh University P.S. Case No. 54 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T