Shail Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43854 of 2016 Arising Out of PS.Case No. -156 Year- 2016 Thana -MANJHI District- SARAN ======================================================

1. Shail Devi wife of Sudama Sah

2. Sudama Sah son of Ramprit Sah

3. Ramprit Sah son of Late Gopal Sah All are residents of village - Mehdiganj (Tiwari Tola), P.S.- Manjhi, District- Chapra (Saran).

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Binay Kumar Singh, Advocate For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-12-2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Manjhi P.S. Case No.156 of 2016 for the offences registered under sections 406, 420, 388, 323, 324 and 504 of the Indian Penal Code.

Originally, the informant filed complaint case which was converted in present police case, i.e., Manjhi P.S. Case No.156 of 2016.

The accusation against the petitioners is that they took Rs.1,20,000/- for constructing the house and to start their business from the informant in the year 2013 but in the year 2016 when

Patna High Court Cr.Misc. No.43854 of 2016 (3) dt.01-12-2016 2/2 informant demanded his money back, the petitioners assaulted the informant as well as his other family members. The impugned order goes to show that in course of investigation, the wife of the informant produced some document before the I.O. to show that the petitioners had taken loan from her husband. Moreover, there is nothing in the complaint petition or in the impugned order to show that any attempt to cheat the informant as well as family members had been done. So far as taking of loan is concerned, the same appears to be civil dispute.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioners above named, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chapra (Saran) in Manjhi P.S. Case no. 156 of 2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.H./- U T