Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45881 of 2014 Arising Out of PS.Case No. -179 Year- 2012 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Rakesh Kumar S/o Sri Suryamani Upasak, Resident of Village - Kalampur, P.S. - Lalganj, District - Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Shek Hussain, S/o Shek wasa @ Wala Saheb, R/o- House No.296, Indranagar Colony, P.S.Krugur, District Guntur, Andhra Pradesh, At Present R/o- Share Microfin Company Ltd., C/o- Ajit Kumar Singh, Thana Road, P.S. Dalsinghsarai, District- Samastipur-O.Ps. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Sinha, Adv. For the Opposite Party/s : Mr. Mithilesh Kumar Gupta, Adv. Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 30-07-2015 The petitioner worked as an employee with M/s. Share Microfinance Limited, with the head office at Hyderabad. A complaint was filed against the petitioner alleging that he sanctioned loan of Rs.43,51,458/- on the basis of forged documents.

Based upon that, Dalsingsarai P.S. Case No.152/11 was registered for the offence punishable under Sections- 406, 419, 420, 467 and 468 of I.P.C. Apprehending his arrest, the petitioner filed A.B.P. No.3061 OF 2014 in the court of learned Sessions Judge, Samastipur. One of the grounds raised by him was that the police investigated into the matter

Patna High Court Cr.Misc. No.45881 of 2014 (4) dt.30-07-2015 2/3 and submitted a final report stating that no case is made out and still the Chief Judicial Magistrate has taken cognizance. The same was dismissed on 15.9.2014. Hence, this application for anticipatory bail under Section-438 of Cr.P.C.

Heard learned counsel for the petitioner and learned counsel for the State.

It is, no doubt, true that a serious allegation was made against the petitioner alleging that he sanctioned loans worth Rs.43,51,458/- on the basis of forged documents. The fact, however, remains that the police that investigated into the matter did not find truth in it. Though the trial court has differed with the final report, the petitioner can be punished only if the allegation against him is proved.

Under these circumstances, it is not necessary that he must be arrested.

Petition is allowed.

In the event of arrest or surrender, let the petitioner named above be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Dalsingsarai

Patna High Court Cr.Misc. No.45881 of 2014 (4) dt.30-07-2015 3/3 in T.R. No.1374 of 2014 in Protest-cum- Complaint Case No.179 of 2012, subject to the conditions laid down under Section-438(2) of Cr.P.C.

(L. Narasimha Reddy,CJ) K.C.jha/- U