Kajal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80190 of 2023 Arising Out of PS. Case No.-503 Year-2023 Thana- PATRAKARNAGAR District- Patna ====================================================== Kajal Kumari Daughter Of Pappu Mandal R/O Mirchaipatti, P.S.- Belsand, Dist.- Sitamarhi, A/P Renter In The House Of B.K. Verma, Laljitola Road No. 1, P.S.- Gandhi Maidan, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 379, 420, 468, 469/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused person tempered the ATM machine and withdrew money fraudulently.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.80190 of 2023(3) dt.01-02-2024 2/3 falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor she was arrested on spot. The name of petitioner sprang up in this case on the basis of her self confessional statement. Nothing incriminating has been recovered from the conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 26.09.2023. Similarly situated co-accused, Sweety Kumari has been granted bail vide order dated 21.12.2023, passed in Cr. Misc. No. 80691 of 2023 passed by co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Patrakar Nagar P.S. Case No.

Patna High Court CR. MISC. No.80190 of 2023(3) dt.01-02-2024 3/3 503 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Patna.

(Sunil Kumar Panwar, J) Nirajkrs/- U T