Vinay Kumar Yadav @ Vinay Narayan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35697 of 2021 Arising Out of PS. Case No.-2023 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Vinay Kumar Yadav @ Vinay Narayan Rai, aged about 40 years, Male, Son Of Late Kailu Rai @ Ram Ekabl Rai, Resident Of Village- Betaura, P.S.- Beur, District- Patna.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Srimati Sunita Devi, Wife Of Govind Lal, Village- Harnichak (Mahuli Tola), P.O.- Anisabad, P.S.- Phulwarisharif, District- Patna- 800002 ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Arvind Prasad Singh, Advocate For the State :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Complaint Case No. 2023 (C) of 2016 in which cognizance has been taken under Sections 323 and 420 of the I.P.C. The prosecution story, in brief, is that the petitioner and others took Rs. 5,97,000/- from the complainant in the name

Patna High Court CR. MISC. No.35697 of 2021(2) dt.23-05-2022 2/3 of giving job but neither the job was provided to the complainant nor the money was returned to her. When the complainant demanded her money then she and her husband was abused and assaulted by the accused persons. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. On the pretext of giving job, money is alleged to have been taken by the accused persons. It has further been pointed out on behalf of the petitioner that vide Annexure3, a complaint case has been instituted by the petitioner's side against the complainant and others. The present complaint has been instituted for oblique reason.

On behalf of the State, it is submitted that the petitioner is named in the complaint/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.35697 of 2021(2) dt.23-05-2022 3/3 the learned J.M. Ist Class, Patna, in connection with Complaint Case No. 2023 (C) of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T