Teklal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74208 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- KATORIYA District- Banka ====================================================== 1.

Teklal Yadav S/o Late Kishan Yadav R/o Village- Bakuamor, Police StationKatoriya, District- Banka 2.

Geeta Devi @ Gita Devi W/o Teklal Yadav R/o Village- Bakuamor, Police Station- Katoriya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

After some arguments, learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1.

3.

Permission is granted.

4.

Accordingly, this application as against the petitioner no.1 is dismissed as withdrawn.

5.

Now, this application is being heard only with regard to the petitioner no.2.

6.

The petitioner no.2 apprehends her arrest in a case registered for the offence punishable under Sections 341, 323,

Patna High Court CR. MISC. No.74208 of 2024(2) dt.28-10-2024 2/3 307, 379, 504, 34 of the Indian Penal Code.

7.

As per the FIR, the allegation against the petitioner no.2 is that she committed theft of silver ornament of the informant. 8.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner no.2. Petitioner has no criminal antecedent. 9.

Learned APP for the State opposed the prayer for anticipatory bail.

10.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner no.2, let the above named petitioner no.2, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Katoria P.S. Case No.71 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.74208 of 2024(2) dt.28-10-2024 3/3 11.

Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T