Jyoti Kumari @ Lovely Kumari @ Lovely v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91184 of 2025 Arising Out of PS. Case No.-591 Year-2024 Thana- PATLIPUTRA District- Patna ====================================================== Jyoti Kumari @ Lovely Kumari @ Lovely W/O Ravi Kumar R/O Sakin- East Nand-Gola, P.S- Malsalami, Patna City, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Sharma, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 20-02-2026 Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Patliputra P.S. Case No. 591 of 2024 registered for the offence(s) under Section(s) 331(4) and 305(a) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. The prosecution case is that one Anjali Kumari gave a report that while her family members had gone to Deoghar, she was informed that a theft has been committed and
2/5 when the entire family came back, they found the Almirah broken and the entire goods scattered and it was found that the entire jewellery of the house along with a licensed pistol etc. were stolen away.
4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and her name has transpired in the confessional statement of one coaccused, namely, Golu Kumar, who was apprehended in connection with Patliputra P.S. Case No. 591 of 2024. It has been submitted that the police thereafter implicated the petitioner in nine other cases, which was lodged against unknown persons, merely taking the statement of coaccused/Glou Kumar into account. It has further been submitted that from the perusal of the case diary, it would be evident that no seizure-list has been attached to the same, however, one seizure-list has been appended with the FIR, from the perusal of which it would be evident that the seizure-list contains the numbers of all the ten cases. It has also been submitted that till date, the T.I.P. of the said materials have not been done and it is an admitted fact that the husband of the petitioner runs a jewellery shop in the name of Krishna Jewelers. The learned counsel for the petitioner submits that the recovered articles are
3/5 regular ornaments which were the part of the ornaments, which were kept by the husband of the petitioner for sale and this is one of the reasons why the same has not been put on T.I.P. as none of the claimants have come forward till date. It has lastly been submitted that the petitioner does not have any concern with the running of the jewellery shop of her husband and, in fact, she is a housewife.
5. The learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above-named, be released on anticipatory bail, in the event of her arrest or surrender before the concerned Court/successor Court within a period of four weeks from today, on her furnishing bail bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court/successor Court where the case is pending in connection with Patliputra P.S. Case No. 591 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 read with corresponding Section 482(2) of the Bharatiya Nagarik
4/5 Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the following conditions :
(i) One of the bailors of the petitioner shall be her close relative and the other shall be a local resident. (ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the concerned Court.
(iv) The concerned Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that she has concealed her criminal antecedent, the Court concerned shall take necessary steps for cancellation of her bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (v) In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Patna within fifteen (15) days of her release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the concerned Superintendent of Police and if it is found wanting in any respect, a report shall be made to the Court concerned by him to initiate a proceeding for cancellation of bail of the petitioner for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the Court concerned.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
5/5
8. The application stands allowed.
(Sourendra Pandey, J) Praveen-II/- U T