Shambhu Nath Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47488 of 2015 Arising Out of PS.Case No. -231 Year- 2004 Thana -PANDAUL District- MADHUBANI ======================================================
1. Shambhu Nath Prasad Son of Tripati Nath Prasad
2. Smt. Manju Rani @ Manju Prasad Wife of Sri Amarnath Prasad Both are resident of village - Kanakpur, Ujjan, P.S. Saketpur, District - Darbhanga .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar For the Opposite Party/s : Mr. Umesh Lal Verma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in Pandaul P.S. Case No.231 of 2004 corresponding to G.R. No.1721/04 for the offences under Sections 406,379, 420 and 120(B) of the I.P.C.
Learned counsel for the petitioners submits that an allegation of non-payment of loan taken from the Bihar State Financial Corporation has been made in the present F.I.R. It is further submitted that for recovery of the loan advanced by the Corporation the procedure prescribed by the Corporation has not been followed in the present case. He further submits that the
Patna High Court Cr.Misc. No.47488 of 2015 (3) dt.21-12-2015 2/2 petitioners are willing and ready to pay back whatever due to the Corporation which can easily be negotiated between the parties. Considering the bonafide offer made by the petitioners, nature of allegation and also the fact that the for recovery of loan advanced by the corporation the prescribed procedure has not been followed, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Madhubani, in Pandaul P.S. Case No.231/04, G.R. No.1721/04 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Anjana Mishra, J) AnilKrSinha/- U