Patna High CourtCR. MISC./52894/2016rejected

Rina Devi And ANR v. The State Of Bihar

2017-01-11Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.52894 of 2016 (3) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52894 of 2016 Arising Out of PS.Case No. -123 Year- 2016 Thana -DUMRA District- SITAMARHI ======================================================

1. Rina Devi W/o Shyam Babu Das

2. Shyam Babu Das S/o Chandar Das Both Resident of Village-Muradpur, Tole-Oina, P.S.-Dumra, Dist-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioners as well as learned A.P.P. for the State.

This application is for grant of anticipatory bail for the offence under Section341, 323, 379, 427, 504, 506, 406, 420, 467, 468, and 34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that according to the complaint petition itself, the petitioners have taken money from the Opposite Party No.2, they have deposited the same in the account and now the liability of the petitioners has expired as they have deposited the amount. As such no case is made out against these petitioners.

Patna High Court Cr.Misc. No.52894 of 2016 (3) dt.11-01-2017 Heard learned A.P.P. also as well as the learned counsel for the informant.

The learned counsel for the informant has submitted that the petitioners have taken money from the complainant on the ground that they will deposit the same but after one year they evading and not returning the money to the complainant, as such it is the petitioners who are responsible for all the acts. Having heard both sides. In view of the facts as stated above, I am not inclined to grant anticipatory bail to the petitioners, let the petitioners surrender before the court below and make prayer for regular bail, which will be decided on its merit by the court below without being prejudiced of the order of this Court.

(Vinod Kumar Sinha, J) chn/- U