Sushil Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22883 of 2023 Arising Out of PS. Case No.-985 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SUSHIL KUMAR SUMAN SON OF SRI SIDHESHWAR PRASAD @ SIDHESHWAR RAM RESIDENT OF VILLAGE - DARIYAPUR, P.S.- ISLAMPUR, DISTRICT - NALANDA.

... ... PETITIONER/S

VERSUS

1.

THE STATE OF BIHAR 2.

DR. RAM NARESH RAMAN SON OF LATE DASRATH RAM RESIDENT OF MOH - EAST INDRA NAGAR, ROAD NO.- 1, P.S.- KANKARBAGH, PATNA - 20.

... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Alexander Ashok, Advocate For the Opposite Party/s :

Mr. Lalan Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 417, 420 of the Indian Penal Code.

It is alleged that Rs. 50 thousand was taken as advance money by the father of the petitioner namely Sidheshwar Ram for marriage of petitioner from the

Patna High Court CR. MISC. No.22883 of 2023(2) dt.06-07-2023 2/3 complainant. It is further alleged that when complainant demanded his money back from the petitioner, he refused to do so.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to ulterior motive. From bare perusal of the complaint petition, it is clear that allegation of borrowing Rs. 50,000/- from complainant was leveled against the father of the petitioner, which has got no justification. Petitioner is a government employee and posted as Commercial Tax Officer under Government of Bihar and has got no concerned with the alleged offence. Hence, no offence as alleged is made against the petitioner. Petitioners claims clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Judicial Magistrate 1st class, Patna in connection with Complaint Case No. 985© of 2016, subject to the conditions

Patna High Court CR. MISC. No.22883 of 2023(2) dt.06-07-2023 3/3 laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T