Patna High CourtCR. MISC./74651/2024bail granted

Asha Devi v. The State Of Bihar

2024-10-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74651 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Asha Devi W/o Bihari Mukhiya @ Bihari Paswan R/o Village- Goth Narahiya, P.S.- Narahiya O.P., District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Bharti, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Learned counsel for the petitioner is permitted to make necessary corrections in the provision portion of the present bail application.

2. Heard learned counsel for the petitioner and learned APP for the State.

3. The petitioner seeks bail in connection with Bhairavsthan P.S. Case No. 78 of 2024, G.R. No. 1210 of 2024 instituted for the offences under Sections 3(v), 303, 317 of the Bharatiya Nyaya Sanhita, 2023.

4. Prosecution case, in short, is that this petitioner

Patna High Court CR. MISC. No.74651 of 2024(2) dt.22-10-2024 2/3 along with other co-accused persons committed the theft of jewellery at Bindeshwar Temple. It is further alleged that coaccused Leela Devi was caught by the devotees and one Hanumani Locket was recovered from her possession.

5. Learned counsel for the petitioner submitted that the petitioner is a lady and has falsely been implicated in the present case. Petitioner was not apprehended on the spot. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Leela Devi. No incriminating article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.08.2024 and has no criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhairavsthan P.S.

Patna High Court CR. MISC. No.74651 of 2024(2) dt.22-10-2024 3/3 Case No. 78 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T