Chandan Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18500 of 2016 Arising Out of PS.Case No. -67 Year- 2014 Thana -KANTI District- MUZAFFARPUR ====================================================== Chandan Kumar, S/o Ram Chandra Thakur, Resident of village - Mani Fulkahan, P.S. Kanti, District - Muzaffarpur .... .... Petitioner
Versus
1. The State of Bihar
2. Santosh Kumar S/o Parikshan Sah R/o village - Mani Phulkaha, P.S. Kanti, ( Opp. Panapur ), Distt. - Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s : Mr. A.A.Khan(APP) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 406, 420, 120B/34 of the Indian Penal Code.
As per the allegation in the FIR, the petitioner along with the co-accused Ram Chandra Thakur and Usha Devi had asked the informant to deposit Rs.30,000/- as expenses for the litigation, however, Rs.29,000/- was credited by the informant to the account of one Mritunjay Kumar on 9.04.2013. Subsequently, co-accused Manohar Kumar was released but the nephew of the informant was not released. Thereafter, the informant went to Hyderabad and demanded his money but the money was not returned.
Patna High Court Cr.Misc. No.18500 of 2016 (2) dt.06-05-2016 2/2 It is contended that the petitioner never received money as the same was deposited in the account of one Mritunjay Kumar and there is no role of the petitioner in not getting the nephew of the informant released. It is further contended that two co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 03.03.2016 passed in Cr. Misc. No.10256 of 2016.
Having regard to the facts and circumstances of the case, let the petitioner, namely, Chandan Kumar be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Kanti P.S. Case No.67/2014, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Muzaffarpur subject to the conditions as laid down under subsection (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) V.K. Pandey/- U T