Patna High CourtCR. MISC./31227/2017bail granted

Mayaram Sah And ANR v. The State Of Bihar

2017-07-14Mr. Justice Sanjay Kumar2 pages

Patna High Court Cr.Misc. No.31227 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31227 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -BALIA District- BEGUSARAI ======================================================

1. Mayaram Sah Son of-Late Chamru Sah

2. Pankaj Sah Son of-Mayaram Sah Both Resident of VillageShivchandrapur, P.s.-Sahebpur Kamal, District-Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-07-2017 The petitioners apprehend arrest in Ballia P.S. Case No. 36 of 2017 under Section 406 of the I.P.C. Heard the learned counsel for the petitioners and learned APP for the State.

It is submitted that the petitioner no. 1 is father of petitioner no. 2. The informant has lodged this false case only to harass the petitioners as the petitioner no. 2 refused to depose in favour of the informant in a complaint case no. 8505 C of 2013 filed by the wife of the present informant. The said complaint case was filed against two accused for the offence under Sections 420, 406, 323, 354 and 504/34 of the I.P.C. The petitioner no. 2 was cited as witness to the complaint case. The informant has alleged that he had given an amount of Rs. nine

Patna High Court Cr.Misc. No.31227 of 2017 (2) dt.14-07-2017 lacs to these petitioners on 18.07.2013 for which there is no paper. The informant has filed this case after four years of alleged payment of Rs. nine lacs for which there is no paper on record.

Considering the omnibus allegation of breach of trust, the anticipatory bail is allowed. The petitioners above named, in the event of arrest/surrender within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case no. 36 of 2017, subject to the condition as laid down under Section 438(2), the code of Criminal Procedure.

(Sanjay Kumar, J) ajaypd./- U T