Sanjeev Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7533 of 2016 Arising Out of PS.Case No. -96 Year- 2015 Thana -MARANCHI District- PATNA ======================================================

1. Sanjeev Kumar son of Sri Gopal Paswan

2. Bikram Kumar @ Vikram Kumar, son of Upendra Mahto Both resident of Nepal Tola Maranchi P.S. Maranchi, District Patna .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-03-2016 Heard learned counsel, appearing on behalf of the petitioners, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Maranchi P.S. Case No. 96/2015, disclosing offences under sections 380/406 of the Indian penal Code.

Briefly narrated, the case of the prosecution is that the daughter-in-law of the informant fled away with a sum of Rs.25,000/- alongwith the petitioners. A complaint case lodged by the informant is the basis for registration of the present First Information Report.

It is submitted on behalf of the petitioners that no offence under section 380 or 406 of the Indian Penal Code is made out

Patna High Court Cr.Misc. No.7533 of 2016 (2) dt.16-03-2016 against these petitioners on the basis of allegation, as contained in the complaint petition, which is the basis for registration of the First Information Report.

I find substance in the submissions so made. This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of their arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, Judicial Magistrate, Barh, Patna, in Maranchi P.S.Case No. 96/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/ court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U