Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68856 of 2025 Arising Out of PS. Case No.-157 Year-2025 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Anita Devi W/O Sonu Chaudhary R/O Village- Mathurapur, P.S- Dehri, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gaya P.S. Case No. 157 of 2025 instituted for the offences under Section 317(5) of the B.N.S., 2023.

3. As per prosecution case, in course of special checking, the police apprehended the petitioner and, on search, a steel box was found in sack, containing four ladies' purses containing a gold-like Mangalsutra, a silver ring, a silver Jitiya, silver anklets, dola, nose rings and a large number of other items.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.68856 of 2025(2) dt.25-09-2025 2/3 against her and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that the petitioner is lady and nothing incriminating has been recovered from her conscious possession. He further submits that no any complaint has been filed with respect to the seized article. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 02.06.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also the petitioner being lady, let the petitioner, abovenamed, 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 Gaya P.S. Case No. 157 of 2025, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family

Patna High Court CR. MISC. No.68856 of 2025(2) dt.25-09-2025 3/3 members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T