Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53233 of 2021 Arising Out of PS. Case No.-310 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== 1.

Kamlesh Kumar S/o Late Shivnandan Prasad Resident of VillageFagunipur, P.S.-Ekangarsarai, District Nalanda. 2.

Rubi Kumari W/o Kamlesh Kumar Resident of Village- Fagunipur, P.S.- Ekangarsarai, District Nalanda.

3.

Amisha Patel S/o Kamlesh Kumar Resident of Village Fagunipur, P.S. Ekangarsarai, District Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vibhakar Kumar For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Ekangarsarai P.S. Case No.310 of 2019, registered for the offences punishable under Sections 419, 420, 406, 465 and 34 of the Indian Penal Code.

The petitioners are said to have got pension fraudulently.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the petitioners have

Patna High Court CR. MISC. No.53233 of 2021(2) dt.17-05-2022 2/2 deposited the pension amount, i.e., Rs.8400/- in the account of Samajik Suraksha Yojna bearing A/c No.437010000181, IFC Code ICIC 0004317ICICI Bank Kidwaipuri Branch. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners and submits that the petitioners were getting old age pension by committing forgery. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

However, if petitioners surrender before the learned court below within a period of four weeks from today and seek regular bail, the learned court below shall consider the prayer for regular bail of the petitioners preferably on the same day without being prejudiced by this order taking into consideration the fact that said amount has already been deposited by the petitioners in the account of Samajik Suraksha Yojna. (Anjani Kumar Sharan, J.) Sanjay/- U T