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Patna High CourtCR. MISC./11704/2023allowed

Arjun Manjhi v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11704 of 2023 Arising Out of PS. Case No.-32 Year-2016 Thana- FATEHPUR District- Gaya ====================================================== Arjun Manjhi Son Of Late Bhuneshwar Manjhi R/V- Bandara, P.S.- Fatehpur, Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajmanti Devi Wife of Sanjay Manjhi R/v- Tetariya, P.S.- Fatehpur, Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. In spite of valid service of notice, none appears on behalf of the informant.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 406, 420, 34 of the Indian Penal Code. The prosecution case as per F.I.R is that the petitioner and other co-accused persons made understand to the informant about Kasturba Mahila Vikas Sansthan and said that money will be double after

Patna High Court CR. MISC. No.11704 of 2023(7) dt.11-10-2023 2/3 five years. Thereafter the informant started depositing Rs. 6000/- per month in Kasturba Mahila Vikas Sansthan but after maturity, the accused persons started evading to return the money and thereby the accused persons cheated Rs. 6,00,000/- of the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner has not received any money from the informant nor there is any document on record to show that informant has given any amount to the informant. Moreover, it is a case of civil in nature, for which, criminal prosecution has been lodged against the petitioner. The petitioner is languishing in custody since 04.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.11704 of 2023(7) dt.11-10-2023 3/3 Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 10th, Gaya in connection with Fatehpur P.S. Case No. 32 of 2016.

(Sunil Kumar Panwar, J) Shageer/- U T