Neha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83419 of 2019 Arising Out of PS. Case No.-1290 Year-2019 Thana- NAWADA District- Nawada ====================================================== 1.

Neha Devi Wife of Laxman Kumar, Resident of Jhoparpatti, Near Jehanabad Railway Station, P.S.- Jehanabad, District- Jehanabad. 2.

Pushpa Devi Wife of Sunil Kumar, Resident of Jhoparpatti, Near Jehanabad Railway Station, P.S.- Jehanabad, District- Jehanabad. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking regular bail in connection with (Nawada) Nagar P.S. Case No. 1290 of 2019 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that no stolen property has been recovered from the possession of the petitioners. The petitioners are the owners of the alleged recovered Jhumka and earring as shown in the FIR and seizure list. The petitioners are in custody since 04.11.2019.

Patna High Court CR. MISC. No.83419 of 2019(2) dt.07-01-2020 2/3 Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, wherein it is the submission of learned counsel for the petitioners that as per prosecution case a golden chain was snatched from the informant's neck but the recovery shown from the possession of these petitioners are that of Jhumka which looks like gold, there being discrepancy in the articles said to have been snatched away and the recovery made from the petitioners, the petitioners being in custody since 04.11.2019 having no criminal antecedent, let the petitioners above named be released on bail in connection with (Nawada) Nagar P.S. Case No. 1290 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and

Patna High Court CR. MISC. No.83419 of 2019(2) dt.07-01-2020 3/3 (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/ved U T