Rakesh Kumar Karn @ Rakesh Karn v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30785 of 2015 Arising Out of PS.Case No. -100 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rakesh Kumar Karn @ Rakesh Karn S/o Late Dasharat lal Karn, R/v Uchiti, P.S. Birol, Distt. Darbhanga .... .... Petitioner/s

Versus

1. State of Bihar

2. Madhu Mallik W/o Late Surya Narayan Mallik, R/v Kalapati Barahi, P.S. Phulparas, Distt. Madhubani .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratnesh Kumar Singh For the Opposite Party/s : Mr. H.A. Khan (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Raxaul P.S. Case No. 100 of 2015 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is brother of the informant and he has roped him in the present case at the instance of her son, who are in the habit of giving the ATM card and PIN to various persons. Learned counsel for the petitioner further submits that petitioner had opposed the love marriage of informant's doctor son and as such he has been named in the present case with malicious intention. It is further submitted that the entire FIR does not reveal as to from which

Patna High Court Cr.Misc. No.30785 of 2015 (2) dt.11-08-2015 2/2 date the said ATM Card was handed over to the petitioner and when it was retrieved by her or even as to at what point of time the withdrawls were made.

Considering the vague allegation made against the petitioner and that there is no specific clue as on what date transactions have been made by the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul in connection with Raxaul P.S. Case No. 100 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) sushma/- U