Manoj Rai And ORS. v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.57822 of 2015 (2) dt.08-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57822 of 2015 Arising Out of PS.Case No. -811 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Manoj Rai Son of Late Baliram Rai Resident of Mohalla-Abhimanyu Nagar, P.S.-Danapur, District-Patna.
2. Dheeraj Kumar @ Dheeru Kumar Son of Late Mundrika Prasad Singh resident of Mohalla-Rupaspur, P.S.-Rupaspur, District-Patna.
3. Renu Kumari D/o Late Baliraj Rai, W/o Sumant Kumar Singh, resident of Mohalla- Ashiyananagar, P.S.-Rajiv Nagar, District-Patna. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Meena Sinha Wife of Late Vinay Kumar Sinha, Residentof Rukanpura, Behind I.B.P. Petrol Pump Baily Road, P.S.-Rupaspur, District-Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Roy For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioners apprehend their arrest in connection with Complaint Case No. 811 (c) of 2015 registered for the offences punishable under Sections 406, 420 and 506 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioner no. 1 is the driver of KIDZEE school, in question and petitioner no. 2 is overall helper and Manager of the petitioner no. 3, who is the principal of school. It is further submitted that there is a dispute between the petitioner no. 3 and the landlord, as a
Patna High Court Cr.Misc. No.57822 of 2015 (2) dt.08-01-2016 result thereof, the complainant started to resort to this oblique method of harassing and humiliating her so as to constrain and close down the school, which is against the public interest. It is further submitted that whatever be the nature of the dispute, the same is of civil nature and therefore, the petitioners be extended the privilege of pre-arrest bail.
Considering the facts and circumstances of the case as detailed in the present petition and also the story, as made out in the complaint, it would suffice to say that the present dispute can well be resolved between the parties without resorting to such prosecution. Let the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Danapur in connection with Complaint Case No. 811 (c) of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.. (Anjana Mishra, J) Jagdish/- U T