Patna High CourtCR. MISC./8203/2024bail granted

Vikramaditya Kumar v. The State Of Bihar

2024-03-05Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8203 of 2024 Arising Out of PS. Case No.-503 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Vikramaditya Kumar S/o- Arun Singh R/o Village- Jalimtola, P.S.- Nokha, Dist- Rohtas at Sasaram ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Seema Kumari W/o Deepu Kumar R/o village- Chanka, P.O.- Penar, P.S.- Nokha, Distt.- Rohtas at Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chhote Lal Mishra, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 503 of 2021 dated 03.08.2021 registered for the offences punishable u/ss 420 and 406 of the Indian Penal Code and u/s 138 of the N.I. Act.

3. As per the prosecution case, the petitioner is alleged to have taken Rs. 2,90,000/- from the Complainant for agreement to transfer the CSP Code of Bank of India, Branch Nokha and also not returned the money. It is further stated that on 03.04.2021, the petitioner has made a compromise letter and given two cheques but these cheques got dishonoured. The

Patna High Court CR. MISC. No.8203 of 2024(2) dt.05-03-2024 2/3 amount of Rs. 2,90,000/- was not found in the bank and the said amount was embezzled by the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has given Rs. 1,00,000/- to the husband of the Complainant in presence of the witness as stated in para 8 of the bail petition. When the petitioner demanded his money from the Complainant's husband then the Complainant filed the present case against the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Rohtas at Sasaram in connection with Complaint Case No. 503 of 2021,

Patna High Court CR. MISC. No.8203 of 2024(2) dt.05-03-2024 3/3 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T