Patna High CourtCR. MISC./43687/2014bail granted

Rajendra Thakur And ORS. v. State Of Bihar And ANR

2015-08-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43687 of 2014 Arising Out of PS.Case No. -2105 Year- 2013 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Rajendra Thakur son of Late Ghutar Thakur

2. Shyam Thakur son of Rajendra Thakur

3. Chalitar Thakur son of Rajendra Thakur

4. Soman Thakur son of Rajendra Thakur All residents of village - Ranginia, P.S. - Bakhtiarpur, DistrictSaharsa

5. Manoj Thakur son of Paw Thakur, resident of village - Sitanabad, P.S. - Bakhtiarpur, District - Bakhtiarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Shankar Thakur son of Late Ghutar Thakur, resident of village- Ranginia, P.S. - Bakhtiarpur, District - Saharsa.

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

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The present application under section 438 of the Code of Criminal Procedure has been filed seeking anticipatory bail in connection with Complaint Case No. 2105C of 2013 in which cognizance has been taken under sections 409, 420 and 120B of the Indian Penal Code.

It is contended that even if the allegation is taken to be true, it is the petitioners who have been cheated and not the

Patna High Court Cr.Misc. No.43687 of 2014 (4) dt.19-08-2015 2/2 complainant.

Despite valid service of notice neither opposite party no.2 has appeared in person nor any counsel is appearing on her behalf.

Be that as it may, regard being had to the nature of allegation, in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, the above named petitioners shall 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 Shri Ashutosh Kumar, Judicial Magistrate, 1st Class, Saharsa in connection with Complaint Case No.2105 of 2013 subject to the conditions as laid down under section 438(2) Cr.P.C. (Ashwani Kumar Singh, J) Md.S./- U T