Rajesh Sao And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31296 of 2018 Arising Out of PS.Case No. -177 Year- 2014 Thana - SALIMPUR District- PATNA =====================================

1. Rajesh Sao son of Kameshwar Sao

2. Rinku Devi @ Rinki Devi, wife of Rajesh Sao, Both resident of Village- Abdullachak, Salipur, P.S. Salimpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Smt. Sucheta Yadav ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-06-2018 The petitioners who are husband and wife amongst themselves, seek bail in anticipation of their arrest in connection with Salimpur P.S. Case No. 177 of 2014 dated 11.11.2014 instituted for the offences under Sections 420, 417, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been alleged in the F.I.R that the petitioner No. 1 had taken loan of Rs. 60,000/- from the informant with a promise to return it within a year. When the money was not returned, the informant went to the house of the petitioners but neither money was returned nor was he promised that it shall be returned. On the contrary, he was fired upon but it did not hit him.

Patna High Court Cr.Misc. No.31296 of 2018 (2) dt.28-06-2018 2/2 The learned counsel for the petitioners has submitted that an absolutely false case has been instituted against them. The fact of the matter is that the informant and few others had impressed upon the petitioners to open an account and deposit in such account Rs. 120/- per month. The petitioners obliged and opened the account but no receipt was being given by the informant. On such demand of receipt of the deposit of money by the petitioners, the present case has been lodged.

In fact, the petitioners have also lodged a case against the informant of this case.

Considering the aforestated facts, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today is directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Salimpur P.S. Case No. 177 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Ashutosh Kumar, J) Shageer/- U T