Asma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65849 of 2022 Arising Out of PS. Case No.-202 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Asma Khatoon W/o Lal Babu Nadaf R/v- Paroha, P.S.- Dumra, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-03-2023 Heard learned counsel appearing on behalf of the parties.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dumra P.S. Case No. 202 of 2022 registered for the offence under Sections 457 and 380 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 23.06.2022.

The allegation against the petitioner is to commit theft in the house of informant along with other co-accused persons, while committing so, taken away jewellery along with cash of Rs. 20,000/-, belongs to the informant.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.65849 of 2022(2) dt.13-03-2023 2/3 submitted that name of the petitioner surfaced during course of investigation and she was remanded in the matter on the basis of self confession from Bajpatti P.S. Case No. 138 of 2022. It is submitted that nothing incriminating material surfaced/recovered, during course of investigation, which may connect this petitioner, prima facie, with the present set of occurrence. It is also submitted that petitioner found involved in 02 more cases, where, in one case she was remanded on the basis of self confession, as of the present case. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

Considering the facts and circumstances as mentioned above, as nothing incriminating material surfaced/recovered, during course of investigation, which may connect this petitioner, who is a lady, prima facie, with the present set of occurrence of theft coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dumra P.S.

Patna High Court CR. MISC. No.65849 of 2022(2) dt.13-03-2023 3/3 Case No. 202 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T