Patna High CourtCR. MISC./6642/2017bail granted

Yogendra Prasad And ANR v. The State Of Bihar

2017-02-22Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6642 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Yogendra Prasad, son of late Ramkhelawan Gope.

2. Suman Kumar, son of Yogendra Prasad.

Both are resident of village- Babu Bigha, P.S.- Ekangar Sarai, DistrictNalanda. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-02-2017 Heard learned counsels for the petitioners and the State as well as learned counsel for the informant. The petitioners apprehend their arrest in connection with Ekangar Sarai P. S. Case No. 115 of 2016 instituted under Sections 323, 341, 406, 419, 420, 504, 364/34 of the Indian Penal Code.

Allegation in brief is that in the year 2013, the complainant gave Rs. 2 lacs cash and also deposited Rs. 2 lacs in the account of Saurav Kumar Sinha, as the accused persons promised to secure a job to the son of the informant, but neither the job was provided nor the money was returned back. In the meanwhile, the younger son of the complainant also went missing and suspicion of kidnapping the younger son of the complainant is

Patna High Court Cr.Misc. No.6642 of 2017 (2) dt.22-02-2017 2/2 raised against the accused persons.

Submission is that the allegation of giving money is specific against Saurav Kumar Sinha and Rajendra Prasad Siknha, but there is no specific allegation of giving money to the petitioners and relating to missing of younger son of the complainant, a separate case i.e., Ekangar Sarai P.S.Case No. 220 of 2015, has been lodged against unknown persons and these petitioners have no criminal antecedent.

Having considered the aforesaid facts and circumstances, let the petitioners namely Yogendra Prasad and Suman Kumar, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Hilsa in connection with Ekangar Sarai P.S.Case No. 115 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U