Anand Kumar And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50454 of 2018 Arising Out of PS.Case No. -556 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Anand Kumar, S/o Shri Rama Krishna Rajappan,
2. Neeta Anand @ Neeta Menon Anand W/o Anand Kumar, Both R/o 504, Pleasant Park, Old Lokhandwala, Ashok Academy School Lane, Andheri West , P.S.- Andheri , Mumbai-400053. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Prashant Kumar Poddar, S/o Shri Pradeep Kumar Poddar, R/o Hotel Lane, Frazer Road, P.S.- Kotwali, District- Patna, Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anujit Sinha, Advocate For the Opposite Party/s : Smt. Rita Verma, APP For Opposite Party No.2 : Mr. Nikhil Kumar Agrawal, Advocate Ms. Aditi Hansaria, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioner No.1 Anand Kumar, who is husband of petitioner No.2, has already been surrendered and has already been allowed regular bail by the learned Court-below. Hence, his prayer for anticipatory bail is dismissed as infructuous. The petitioner No.2 is apprehending her arrest in a case registered for the offence punishable under Section 406 of the Indian Penal Code.
Allegation against petitioner Neeta Anand @
Patna High Court Cr.Misc. No.50454 of 2018 (3) dt.11-10-2018 P3/2 Neeta Menon Anand is that she along with her husband are involved in film production. The complainant had, on persuasion of the petitioners, invested crores of rupees for getting better return. The agreement was not executed between the parties. When the refund of money was asked for, a portion of the same was refunded.
Submission of the learned counsel for the petitioner is that entire allegation would reveal a case of civil dispute.
Learned counsel for the informant opposed the prayer on the ground that some other criminal cases are also there against the petitioner of identical nature and petitioner and her husband have been refused anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.45209 of 2018 in connection with Complaint Case No.852(C) of 2017.
Considering the nature of dealing between the parties and the fact that husband of the petitioner has already compromised the case with the informant, let petitioner No.2 Neeta Anand @ Neeta Menon Anand, in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two
Patna High Court Cr.Misc. No.50454 of 2018 (3) dt.11-10-2018 P3/3 sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Complaint Case No.556(C) of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T