Patna High CourtCR. MISC./51668/2016bail granted

Santosh Yadav And ANR v. The State Of Bihar

2016-12-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51668 of 2016 Arising Out of PS.Case No. -333 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Santosh Yadav, Son of Babu Ram Yadav,

2. Babu Ram Yadav, Son of Late Dom Yadav, Both residents of Village: Jiyan, P.O: Jiyan, P.S: Siwan Mufassil, District: Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 307, 419, 420, 467, 468, 471 and 406 of the Indian Penal Code.

Allegation against petitioners is that they took loan of Rs. 50,000/- from informant on the pretext of going to abroad but neither they had gone abroad nor returned the money. On demand, informant was threatened of dire consequences. It has been submitted on behalf of the petitioners that they have got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioners. Petitioners have been made accused due to mistake of fact. The allegation is that petitioners had taken Rs.50,000/- from informant. It is further submitted that petitioners are ready to deposit jointly Rs.50,000/- in the court below which shall be released in favour of informant. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Patna High Court Cr.Misc. No.51668 of 2016 (3) dt.16-12-2016 2/2 Considering the aforesaid facts and circumstances, it is directed that petitioners shall deposit jointly Rs. 50,000/- in the court below which shall be released in favour of informant. Let the above named petitioners, in the event of arrest or surrender in the court below within a period of eight weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case no. 333/16, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T