Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.512 of 2011 ====================================================== Sushila Devi .... .... Petitioner Versus The State Of Bihar & Ors .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Shashi Chandra Pandey, Advocate. For the Respondent : Mr. M.K.Mishra, G.P.-25. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 01-08-2012 The petitioner is wife of the informant of Hilsa Karai Parsurai P.S.case No.43 of 2008 dated 04.02.2008 which was initially instituted for the offence punishable under [STATUTE] but subsequently, by order dated 13.03.2008 [STATUTE] has also been added. The petitioner prays that the official respondents be directed to immediately arrest respondent nos.6 to 11 who are either named in the FIR or whose involvement transpired subsequently in course of investigation of the case. Learned counsel for the State submits that respondent no.6 Sonawa Bind and respondent no.7 Anandi Bind were named in the FIR. They have already remanded to judicial custody. So far as respondent nos. 8 to 11 are concerned, they are not named in the FIR. In my view, the prayer made on behalf of the petitioner Patna High Court CR. WJC No.512 of 2011 (3) dt.01-08-2012 2 cannot be allowed. Section 41 of the Code of Criminal Procedure gives discretionary power to the police officer who may, without an order of Magistrate and even without a warrant, arrest any person in the situations enumerated in the Section. The police is not expected to act mechanically in all cases to arrest the accused as soon as the report is received. At the stage of investigation, the court has no role to play. Since an arrest is in the nature of an encroachment on the liberty of a person, the police has to exercise the power cautiously. I find no merit in the present appeal. It is dismissed accordingly. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.