Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22714 of 2023 Arising Out of PS. Case No.-246 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== SUMIT KUMAR SON OF NAGESHWAR PRASAD @ NAGESHWAR YADAV RESIDENT OF VILLAGE - NAVTOLIYA, BINDWARA, P.S. - KASIM BAZAR, DISTT. - MUNGER ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

DROPADI KUMARI WIFE OF LATE AMARNATH YADAV RESIDENT OF VILLAGE - NAULAKHHA, P.S. - KASIM BAZAR, DISTT. - MUNGER ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case in connection with Kasim Bazar P.S. Case No. 246 of 2022 dated 2.9.2022 registered for the offences punishable u/s 323, 420, 379, 467, 468, 363, 365 of the Indian Penal Code. As per the prosecution's case, the complainant filed a complaint stating therein that when she went to the Bank for

Patna High Court CR. MISC. No.22714 of 2023(2) dt.24-06-2023 2/3 withdrawing some amount, she got to know that there is insufficient balance in her account. She further got to know from her daughter that her son-in-law withdrew Rs. 18 lakhs from her account.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is the son-in-law of the complainant who solemnized marriage with the daughter of the informant without the consent of the complainant. Further, as per the impugned order, no statement was obtained during the course of the investigation by the I.O. which creates doubt on the prosecution's case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Munger in connection with Kasim Bazar P.S. Case No. 246 of

Patna High Court CR. MISC. No.22714 of 2023(2) dt.24-06-2023 3/3 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T