The High Court at Patna granted interim bail to a petitioner accused of theft and mischief involving the snatching of a gold chain, considering her custody period and allegations of mistaken identity.
Released on bail in the sum of Rs. 10,000 with two sureties of the like amount each to the learned Chief Judicial Magistrate, Khagaria.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.62315 of 2017
Arising Out of PS.Case No. -668 Year- 2017 Thana -KHAGARIA District- KHAGARIA
====================================================== Anju Bati @ Anju Wati W/o Akish , R/o Village- Paus, P.S.- Doharighat, District- Mau (U.P.) at present Address Village- Paukhara, P.S.- Barauni, District- Begusarai.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Choudhary For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 11-01-2018 Heard the learned counsels for the petitioner and the
State.
The petitioner seeks bail in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 668 of 2017 dated 29.09.2017 instituted for the offences under Sections 379/411 of the Indian Penal Code.
The informant was divested of a gold chain which she was wearing. On hulla being raised, the petitioner who is alleged to have snatched the chain, threw away the same. She is said to have been caught at the spot. From the seizure list, it appears that the chain was found lying on the road.
Learned counsel for the petitioner has submitted that she has been arrested on mistaken identity.
Patna High Court Cr.Misc. No.62315 of 2017 (2) dt.11-01-2018
2
Regard being had to the period of custody of the petitioner which is from 30.09.2017 and the nature of accusation, the petitioner above named is directed to be released on bail on her furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 668 of 2017.
(Ashutosh Kumar, J)
KKSINHA/-
U T
3 issues framed by the court
Whether the petitioner should be granted bail in a cases involving offences under Sections 379/411 IPC given allegations of mistaken identity.
Whether the period of custody and the nature of the accusation warrant the grant of bail.
Whether the petitioner has fulfilled the conditions for releasing her on bail with a bond.
1 provisions across 1 enactments
Anju Bati @ Anju Wati
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
