Patna High CourtCR. MISC./20840/2014bail granted

Santosh Kumar Singh And ANR. v. State Of Bihar And ANR

2015-05-01Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20840 of 2014 Arising Out of PS.Case No. -1101 Year- 2012 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Santosh Kumar Singh S/o Bishwanath Singh @ Sajjan Singh @ Sajjan Mahto

2. Bishwanath Singh @ Sajjan Singh @ Sajjan Mahto S/o Late Jagdeo Mahto .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kushbansh Singh S/o Late Kailash Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Uday Chand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-05-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 420 of the Indian Penal Code.

It is alleged that the petitioners took Rs.1,00,000/- (one lac only) from the complainant as loan for business purpose but it was not returned.

It is submitted by learned counsel for the petitioners that petitioners returned Rs.90,000/- at earlier point of time and in pursuance of order of this court dated 02.08.2014 the petitioner

Patna High Court Cr.Misc. No.20840 of 2014 (4) dt.01-05-2015 2/2 returned Rs.10,000/- (ten thousand) through bank drat to the complainant. Receiving of Rs.10,000/- through bank draft is admitted by learned counsel representing the complainant but submits that Rs.19,000/- has not been returned. Considering the nature of accusation, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Rohtas at Sasaram in connection with Complaint Case No.1101 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T