Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11975 of 2024 Arising Out of PS. Case No.-2641 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Rajesh Kumar Son Of Late Indradeo Prasad Resident Of MohallaChiraiyatand Nala Road Postal Park Kumar House Gali, P.S. Kankarbagh, Dist Patna 2.

Rakesh Kumar Son Of Late Indradeo Prasad Resident Of MohallaChiraiyatand Nala Road Postal Park Kumar House Gali, P.S. Kankarbagh, Dist Patna 3.

Priyanka Kumari @ Priyanka D/O Sanjay Kumar Lakshya Smirti Janta Road Gardanibagh, Gautam Nagar, P.S. - Gardanibagh, Distt. - Patna 800001 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjeet Kumar Son of Late Rameshwar Prasad Sharma R/o Sanjay Nagar Road No. 2, Vigrahpur, P.S. - Jakkanpur, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arshad Hashmi For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners, learned counsel for the complainant and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 420, 460, 467, 468, 120(B), 34 of the Indian Penal Code.

3. The prosecution case is that the accused persons took a loan of Rs. 5,70,000/- from the complainant with a promise to return the money, but the accused Priyanka Kumari

Patna High Court CR. MISC. No.11975 of 2024(2) dt.14-03-2024 2/3 only returned Rs. 10,000/- in his account.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners have not taken loan from the complainant. The paper alleged to have been executed and given by the petitioners is forged and fabricated documents and the petitioners deny the execution of the same. He submits that upon the alleged paper of receiving note the petitioners have not put their signature. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the complainant opposing the prayer for bail submit that after receiving the loan from the complainant, the petitioners could not return the same.

6. Considering the facts and circumstances of the case and the fact that the present dispute is purely civil in nature, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.11975 of 2024(2) dt.14-03-2024 3/3 the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 2641 (C) of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T