Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21160 of 2019 Arising Out of PS. Case No.-2322 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ritesh Kumar, Son of Krishn Kumar Shreevastav @ Raj Kumar Srivastava Resident of Village - Manika Harkishun, P.S.- Mushahari, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sheela Devi, Wife of Shambhu Mahto Resident of Village - Manshahi Nawada, P.S.- Mushahari, Distt - Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Bela Singh, Advocate, For the O.P. No.2 :

Mr. S.P. Yadav, Advocate Mr. Aditya Dev., Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-08-2019 Heard learned counsel for the petitioner, learned counsel appearing for the complainant/O.P. No.2 and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 2322 of 2017, registered under Sections 504, 506/34, 406 and 418 of the Indian Penal Code. The accusation is that complainant/O.P. No.2 being the member of Jeevika Sahayta Samooh, Manshahi Nawada, P.S. Mushari, District-Muzaffarpur was looking after the work of the Jeevika Sahayta Samooh. In the year 2011 to 2012, money was deposited by the members of Samooh under the

Patna High Court CR. MISC. No.21160 of 2019(3) dt.02-08-2019 2/3 supervision of complainant. In the month of March, 2013 Rakesh Ranjan, who was C.C. in the Smooh and Rajiv Kumar, Book Keeper used to demand money for giving to member through member without obtaining signature on register saying that signature will be taken on the register later on. When complainant/O.P. No.2 demanded register then it was replied by Rajiv Kumar that register is maintained properly. When the register was verified in presence of the members of the Smooh then register was not found properly filled up and on complaint for same, he started to abuse.

Learned counsel for the petitioner submits that, in fact, the occurrence is said to be happened in the period of Rajiv Kumar, Book Keeper, and, thereafter, the petitioner was started to work of the Smooh. Further submission is that no allegation against the petitioner has been made about committing any irregularity in maintaining the accounts. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.21160 of 2019(3) dt.02-08-2019 3/3 amount each to the satisfaction of the A.C.J.M-VI, Muzaffarpur in connection with Complaint Case No. 2322 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T