Rajanikant Pathak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55896 of 2015 Arising Out of PS.Case No. -511 Year- 2015 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajanikant Pathak S/o Balmiki Pathak Prop Anapurna Marbal Janpul Chowk Station Road, P.S. Banjariya, District- E. Champaran

2. Sujay Pathak S/o Balmiki Pathak Prop Parmatama Stone Udaypur (Rajasthan), r/o Moll Ambika Nagar, P.S.- Banjariya, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 467, 465, 420, 323, 504 and 379 of the Indian Penal Code.

The prosecution case is that the informant gave/deposited rupees six lakhs fifty thousand in the account of the petitioners for supply of marble but neither the marble was supplied nor the money was returned.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.55896 of 2015 (2) dt.09-12-2015 2/2 petitioners that petitioner no. 1 filed Money Suit No. 02 of 2015 against the informant on 21.01.2015 whereas the present complaint was filed on 23.06.2015 which came to be registered as police case on 30.07.2015.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 511 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T