Seema Devi And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14481 of 2019 Arising Out of PS. Case No.-1006 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

Seema Devi, W/o Manoj Kumar, R/o Village- Bhatbigha, P.S.- Rampur, District- Gaya.

2.

Manoj Kumar, S/o Late Sidheshwar Prasad, R/o Village- Bhatbigha, P.S.- Rampur, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Krishna Prasad S/o Barho Prasad R/o Mohalla- Gewal Bigha, P.S.- Rampur, District- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Kumar Mishra For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.1006 of 2016, disclosing offences under Sections 204, 406, 34 of the Indian Penal Code and Section 138 of the N.I. Act.

Allegation against the petitioners is that they have taken Rs. 3,50,000/- to deposit in Falkon Industry India Limited and they gave interest on that and thereafter, they have not returned the money and that industry has also been closed.

Submission of the learned counsel for the petitioners is that the whole allegation is false and concocted and no case has been lodged against the said company. Further, it was the complainant has stated that they have taken loan to deposit in the company but in the legal notice they have stated that they have taken the aforesaid

Patna High Court CR. MISC. No.14481 of 2019(5) dt.18-06-2019 2/2 money as a loan to meet the expenses and it has further been submitted that the other accused have been granted anticipatory bail vide order dated 19.12.2016 passed in Criminal Misc. No. 51415 of 2016 passed by this Court.

Heard learned A.P.P. as well as learned counsel for the complainant also, who has opposed the prayer for bail. Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Complaint Case No.1006 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is further subject to condition that petitioners have to cooperate with the disposal of the trial and shall appear as and when required, otherwise the prosecution is at liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T