Rajeev Kumar And ANR. v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.43539 of 2014 (2) dt.16-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43539 of 2014 Arising Out of PS.Case No. -112 Year- 2012 Thana -DHURAIYA District- BANKA ======================================================

1. Rajeev Kumar S/o Shri Nawal Kishore Singh Filed Officer, Collection Magma Fincorp Limited Badi Post Office, P.S.-Bhagalpur Town, DistrictBhagalpur.

2. Amilesh Kumar Sharma S/o Ashok Kumar Sharma Field Office, Collection Magma Fincorp Limited Badi Post Office, P.S.-Bhagalpur Town, District-Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Idris S/o Sheakh Moahammad At Vill.-Tahirpur, P.O.-Nanhanpur, P.S.-Dhoriya, District-Banka, Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dayanand Singh For the Opposite Party/s : Mr. Murlidhar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Dhoriya P.S. Case No. 112/2012 registered for the offences punishable under Sections 420, 407, 467, 468, 471, 120(B), 504 and 323/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the company had dispensed a loan to the informant and in order to meet his financial liability, the loanee had issued certain post dated cheques of Rs. 10,205/- only to be paid each, month to month basis. Learned counsel for the petitioner further submits that the

Patna High Court Cr.Misc. No.43539 of 2014 (2) dt.16-04-2015 informant in order to escape from his liability of paying the loan amount, instead choose to implicate the staff of company regarding wrong disbursement of loan and has instituted the present case with an intention to grab the money which he had taken by way of loan.

Considering the aforementioned fact and also that the petitioners have no criminal antecedent, let the petitioners (Rajeev Kumar and Amilesh Kumar Sharma), in the event of their arrest / surrender within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Dhoriya P.S. Case No. 112 of 2012 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T