Patna High CourtCR. MISC./20560/2017allowed

Mukesh Kumar And ANR v. The State Of Bihar

2017-06-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20560 of 2017 Arising Out of PS.Case No. -490 Year- 2013 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Mukesh Kumar S/o Rajaram Paswan

2. Raja Ram Paswan S/o Late Shivdhari Paswan Resident of VillageDariapur, P.S. Hathidah, Mokama, District- Patna. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Rajeev Ranjan No.Ii, Advocate.

For the Opposite Party : Mr. Ashok Kumar Singh 1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2017 Heard both sides.

The petitioners apprehend their arrest in Town P.S. Case No. 490 of 2013 registered for the offences punishable under Sections 467, 468, 471, 420 and 406 of the Indian Penal Code and under Section 138 of the N.I. Act.

Learned counsel for the petitioner submits that petitioner no. 1 took Rs. 4,50,000/- from the informant for investment in S.K.S. Micro Finance Company but the company was closed. Both the petitioners assured to return the entire amount but when they failed to return the amount, the informant lodged this case.

Learned counsel for the petitioners submits that the petitioners have already returned Rs. 3 lakhs to the informant and

Patna High Court Cr.Misc. No.20560 of 2017 (3) dt.23-06-2017 2/2 the bank receipts of which are annexed as Annexure-2 page 16 to

27. The petitioners are ready to return the remaining amount of Rs. 1,50,000/- within three months.

Considering the facts aforesaid the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Town P.S. Case No. 490 of 2013, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. If the petitioners fail to return Rs. 1,50,000/- to the informant within three months, the court below shall cancel the bail bond of the petitioner immediately thereafter.

(Prabhat Kumar Jha, J.) KKSINHA/- U T