Chandrika Rai @ Hare Ram Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48381 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- DANAPUR District- Patna ====================================================== 1.

Chandrika Rai @ Hare Ram Rai, Son of Late Daya Ram Rai Resident of Mohalla-Nasriganj, Chaitola More, P.O-Digha, P.S-Danapur, District-Patna. 2.

Nand Kishore Singh @ Nand Kishore @ Nand Kishore Rai Son of Sri Chandrika Rai @ Hare Ram Rai Resident of Mohalla-Nasriganj, Chaitola More, P.O-Digha, P.S-Danapur, District-Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Danapur P.S. Case No.30 of 2019 for the offence punishable under Sections 420, 406, 504, 341, 323, 379, 506/34 of the Indian Penal Code and Section 138 of N.I. Act.

The allegation against the petitioners, as mentioned in the FIR is that the informant had given a loan of Rs.2,90,000/- to one Brij Kishore Singh who did not return the money and cheque which was given by Brij Kishore Singh had also bounced. It has further been alleged that petitioner No.1 and 2 abused and threatened to kill the informant.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.48381 of 2019(2) dt.05-08-2019 2/2 petitioners are innocent and have falsely been implicated in this case mainly on the basis of the fact that petitioner No.1 is father of Brij Kishore Singh and petitioner No.2 is brother of Braj Kishroe Singh. Learned counsel for the petitioners further submits that there is no transaction of money between the informant and petitioners and petitioners unnecessarily was dragged in the present offence. After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that there was money transaction between Brij Kishore Singh and informant, as such, I am inclined to grant anticipatory bail to both the petitioners.

Accordingly, both the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist Danapur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

sanjeev/- (Anil Kumar Sinha, J) U T