Rakesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5263 of 2015 Arising Out of PS.Case No. -2883 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Rakesh Kumar, son of Late Mahangu Singh,Proprietor I.G.E,Medical System, 703,Jagat Trade Centre,Fraser Road,P.S-Kotwali,Distt-Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gautam Talukdar, S/O Late Manoranjan Talukdar, Mohalla-Bahalkhana Road,Alokpuri,P.S-Nagar,Distt.-Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Maharaj, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a complaint case for the offences punishable under Sections 419, 420 and 120B of the Indian Penal Code.

It is alleged that co-accused Sunil Pathak appointed the complainant as super distributor of Bihar and Jharkhand on the order of this petitioner Rakesh Kumar. It is further alleged that the complainant gave letter pads of the firm to Sunil Pathak for obtaining orders from outside, but later on letter pad has been misused for some ulterior purpose.

It is submitted by the learned Senior Counsel appearing

Patna High Court Cr.Misc. No.5263 of 2015 (2) dt.09-02-2015 2/2 for the petitioner that the name of the petitioner-firm was misused by co-accused Sunil Pathak, for which the petitioner filed Complaint Case No.2507 C of 2008 and also filed informatory petition and thereafter the present case been lodged. The police finding the accusation false submitted final form and subsequently on filing of protest-cum-complaint, cognizance was taken. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, 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, Muzaffarpur, in connection with C. No.2883/2013, Trial No.5228/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) PNM U T