Patna High CourtCR. MISC./34908/2017allowed

Ramesh Singh v. The State Of Bihar

2017-09-13Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.34908 of 2017 (3) dt.13-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34908 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -MASAURHI District- PATNA ======================================================

1. Ramesh Singh Son of Late Baleshwar Singh, R/o Village- Sharva, P.S.- Masaurhi, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Masaurhi Police Station Case No. 51 of 2017/ G.R. No. 211 of 2017, disclosing offences under Sections 306/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, there was dispute regarding realization of loan of Rs. 5 lacs and Rs. 2.5 lacs to be paid by the deceased to the petitioner, which is evident from annexure-2 and the deceased also issued a cheque of Rs. 64,000/- to the petitioner for repayment of loan amount but the

Patna High Court Cr.Misc. No.34908 of 2017 (3) dt.13-09-2017 said cheque has been returned due to insufficient fund, which clear from annexure-4. It has come during course of investigation that the deceased has taken loan from several persons and when he failed to repaid, he committed suicide. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Masaurhi, Patna in connection with Masaurhi Police Station Case No. 51 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T