Ratikant Kumar Neeraj @ Lallan Kumar @ Lallan Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23147 of 2016 Arising Out of PS.Case No. -391 Year- 2011 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Ratikant Kumar Neeraj @ Lallan Kumar @ Lallan Singh

2. Pankaj Kumar Singh@Pankaj Kumar Both Sons of Sri Surendra Singh Resident of - Chaudhary Niwas, D /15 , Ajanta Colony, Keshri Nagar, PS Patliputra, Po Keshri Nagar Town & District Patna-800024 .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rahul Kumar Singh S/o Arun kumar Singh Resident of - Flat no. 407, S.S. Enclave, Main Aashiyana Road, Opp, Of Rakhi Complex, Patna - 800014.

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

For the Petitioner/s : Mr. Manish Jha For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 406 of the Indian Penal Code. The prosecution case is that the complainant took loan of Rs.1,20,000/- from the accused persons on monthly interest and in lieu thereof mortgaged 26 grams gold, few signed stamp paper and four blank signed cheques by way of sureties but in spite of return of loan amount with interest

Patna High Court Cr.Misc. No.23147 of 2016 (2) dt.23-05-2016 2/2 the sureties have not been returned.

It is submitted by learned counsel for the petitioners that the complainant earlier took loan from the petitioners and gave two cheques which got bounced leading to registration of Complaint Case No. 776(C) of 2011 by the petitioners' side against the complainant.

Considering the accusation arising out of breach of contract, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna in connection with Complaint Case No. 391(C) of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T