Patna High CourtCR. MISC./9874/2024bail granted

Kumar Manoj Prasad Sinha v. The State Of Bihar

2024-10-26Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9874 of 2024 Arising Out of Case No.-670 Year-2013 PATNA COMPLAINT CASE District- Patna ====================================================== KUMAR MANOJ PRASAD SINHA SON OF LATE KUMAR ANIRUDH PRASAD SINHA RESIDENT OF MOHALLA - NEW AREA, VIIHAR TALAB, POWER HOUSE, QTR. NO.1, P.S. - CIVIL LINES, DISTRICT - GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

SMT. USHA PRASAD WIFE OF LATE CHANDESHWAR PRASAD RESIDENT OF MOHALLA - ALLAHABAD BANK COLONY, KHAJPUR, P.S. - RAJIV NAGAR, PATNA - 17 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-10-2024 Heard Mr. Sunil Kumar Yadav, learned counsel for the petitioner and Mr. Raj Kishor Singh, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 670 (C)/ 2013 registered for the offence(s) punishable under Section(s) 406 and 420 of the Indian Penal Code

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent and the allegations levelled against him are totally false, in fact, the petitioner was cheated by the husband of the complainant as the entire consideration money of Rs. 2.1 lakh

Patna High Court CR. MISC. No.9874 of 2024(3) dt.26-10-2024 2/3 was not paid with regard to the purchase of Alto car of which possession had been handed over to the husband of the complainant, though, part payment of Rs. 1.5 lakh of the agreed consideration money was paid by the husband of the complainant but the rest amount was not paid. It is further submitted that the petitioner lodged Gaya Civil Lines P. S. case No. 96/2008 under section(s) 406, 420, 467, 468 read with section 34 of the IPC against the complainant and others and only thereafter, the complaint was filed against this petitioner and the instant matter is based on complaint and the issue involved in this matter is completely of civil nature.

4. Learned APP for the State opposes the prayer for bail made by the petitioner.

5. Considering the facts and circumstances of this case as well as the above submissions and the nature of the allegation, this court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner namedabove, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Complaint No. 670 (C )/ 2013 on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.9874 of 2024(3) dt.26-10-2024 3/3 the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T