Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38907 of 2019 Arising Out of PS. Case No.-258 Year-2018 Thana- BAHADURPUR District- Patna ====================================================== AMIT KUMAR Son of Birendra Kumar Posted as Unit Head, Bandhan Bank Ltd., Ashiana Nagar Branch, Ashiana Digha Main Road, Opp. Pushpanjali Kunj Apartment, P.O-Ashiana, P.S.-Rajeev Nagar, District-Patna, Bihar800025 ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bina Devi W/o Ujjal Singh Shiv Shakti Nagar, Gali No. 2, P.S.-Bahadurpur, District-Patna-800006 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dayanand Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Bahadurpur P.S.Case No.258 of 2018 , registered for offences punishable under Section 306 of the Indian Penal Code. Prosecution story is that the husband of the informant committed suicide and in the suicide note he has taken the name of the petitioner as the person who has tortured as well as assaulted and misbehaved with him, due to which her husband has committed suicide.

Submission of the learned counsel for the petitioner is that he is an employee of Bandhan Bank and the husband of the informant has taken a loan of Rs.07 lac but he has not repaid the whole amount and Rs.1,50,000/- was due with her

Patna High Court CR. MISC. No.38907 of 2019(4) dt.17-08-2019 2/2 husband of the informant and for that the petitioner and other accused persons asked the husband of the informant to re-pay the loan, which is the official duty of the petitioner, which it can not be said that he has tortured the husband of the informant, due to which he has committed suicide. Heard learned A.P.P. w, who has opposed the pray for her bail..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM II, Patna City in connection with Bahadurpur P.S.Case No.258 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T