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Patna High CourtCR. MISC./19518/2022bail granted

Umesh Thakur v. The State Of Bihar

2022-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19518 of 2022 Arising Out of PS. Case No.-538 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== UMESH THAKUR SON OF LATE SHARDA THAKUR R/O VILLAGEKUSHI HARPUR HORIL, P.S.- KANTI, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 406, 420, 379, 467, 468, 34, 341, 323, 504 and 506 of the Indian Penal Code. As per F.I.R., the son of the informant was killed in the year 2012 and there was an L.I.C. policy in his name and it is alleged that all the F.I.R. named persons including petitioner came and collected all the relevant documents including L.I.C. policy and thereafter, the amount, credited into the account of informant, was withdrawn by co-accused Ranjay Kumar and Dhananjay Kumar by forging the signature of informant. It is further alleged that when informant went to house of accused, the accused denied to give money and this petitioner assaulted her by first and slaps and also threatened to kill her.

Patna High Court CR. MISC. No.19518 of 2022(2) dt.31-08-2022 2/2 It is submitted on behalf of petitioner that F.I.R. has been lodged after lapse of seven years and there is no explanation of delay. Specific accusation of collecting paper of L.I.C. & other documents and withdrawing money is against other co-accused persons and petitioner has been made accused simply because he is father of co-accused Ranjay Kumar. Petitioner claims clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur in connection with Kanti P.S. Case No. 538 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T