Sujit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12013 of 2023 Arising Out of Case No.-303 Year-2021 MADHUBANI COMPLAINT CASE DistrictMadhubani ====================================================== 1.

SUJIT KUMAR YADAV Son of Ram Chandra Yadav R/v- Dubiyahi P.S.- Bisfi (Patauna), District- Madhubani 2.

SANGEETA KUMARI Wife of Sujit Kumar Yadav R/v- Dubiyahi P.S.- Bisfi (Patauna), District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

LAL BIHARI YADAV Son of Late Tanuk Yadav R/v- Haradiya Tol, Ward No. 9, P.S.- Benipatti, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 420, 406 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, the complainant gave Rs. three lacs to the petitioner No.1 for doing business for six months on the promise that he would refund the amount within six months. When the complainant demanded money, petitioner No.1 issued a cheque of SBI in name of petitioner No.2 but till date they did not return the money.

Patna High Court CR. MISC. No.12013 of 2023(2) dt.15-05-2023 2/2 Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. No occurrence as alleged in the complaint petition has ever taken place. The occurrence took place on 02/10/2019 but the complaint petition has been instituted on 12/10/2021 without any explanation. The dispute appears to be money dispute. Petitioners have got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and clean antecedent of the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Benipatti, Madhubani in connection with CR case No. 303/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T