Gangdwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12219 of 2023 Arising Out of PS. Case No.-91 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

GANGDWAR PRASAD Son of Late Ram Lakhan Prasad R/v- Pipraun, P.S.- Harlakhi, District- Madhubani 2.

LALITA DEVI Wife of Gangdwar Prasad R/v- Pipraun, P.S.- Harlakhi, District- Madhubani 3.

MIHIR MUKESH Son of Gangdwar Prasad R/v- Pipraun, P.S.- Harlakhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-09-2023

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Rajnagar P.S. Case no. 91 of 2022 registered under sections 420, 419, 406, 120B, 341, 323, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the informant states that one Nitin Mukesh took Rs. 8,53,000/- from him on the pretext of getting the informant a job. However, the said accused neither got the informant employed nor returned the amount. The informant further states that he went to the house

Patna High Court CR. MISC. No.12219 of 2023(3) dt.12-09-2023 2/3 of the petitioners where all the accused persons including the petitioners herein started to abuse and assault him.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The petitioners happen to be the father, mother and brother of the main accused Nitin Mukesh against whom the informant alleges that he had taken the sum mentioned on the promise of getting him a job. The petitioners have no concern with the alleged occurrence and have been falsely implicated in the case. The petitioners have no criminal antecedent. .

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the main allegation being against co-accused Nitin Mukesh, the relationship of these petitioners with the said Nitin Mukesh together with the petitioners having no criminal antecedent, it is directed that the petitioners above named, in the event of their arrest or surrender before the learned court below within a period of four weeks, be released on anticipatory bail in connection with Rajnagar P.S. Case no. 91 of 2022 on each of them furnishing bail bond of Rs 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.12219 of 2023(3) dt.12-09-2023 3/3 learned Additional Chief Judicial Magistrate 1st , Madhubani / Incharge successor court.

(Partha Sarthy, J) Spd/- U T