Lakhan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24510 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- JADIA District- Supaul ====================================================== LAKHAN RAM S/O SUGANDHI RAM Resident of Village- Kushthan Ward No.- 01, P.S.- Biharganj, District- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he got friendly with Ranjit at Patna while they were studying and thereafter the informant left for his hometown, it is next alleged that Ranjit along with his father (petitioner) came to his place and requested for a loan of Rs. 2,50,000/- for which an agreement was entered and thereafter the money was paid but the loan amount was not returned and thus alleges that the accused persons, including the petitioner, cheated him.

Patna High Court CR. MISC. No.24510 of 2023(2) dt.18-07-2023 2/3 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case being father of Ranjit, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that the informant specifically has alleged that loan was given to Ranjit though in presence of his father but then the petitioner was not present at the place of occurrence. It is next submitted that even presuming what has been alleged is true without admitting then the dispute is civil in nature but a criminal colour has been given in order to coerce the petitioner into submission for parting with the money when the son of the petitioner is disputing the loan amount, it is next submitted that informant has remedies available in law for redeeming the loan, if the same has been loaned to his son.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.24510 of 2023(2) dt.18-07-2023 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jadiya P.S. Case No. 67 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T