Mukesh Kumar Pandey And ANR v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.24071 of 2018 (3) dt.20-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24071 of 2018 Arising Out of PS.Case No. -1522 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Mukesh Kumar Pandey, S/o Durga Dutt Pandey (Sipahi), a resident of Koran Hunterganj, Chatra, P.S.- Chatra, District- Chatra (Jharkhand).
2. Mukesh Kumar, S/o Bhola Prasad Swarnkar, a resident of Dhangar Toli, P.S.- Chatra, District- Chatra (Jharkhand).
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Saurabh Suman, S/o Tej Narayan Mahto, a resident of Village- Manikpur, P.O.- Kwadpur, P.S.- Surajgarha, District- Lakhisarai, PIN CODE- 811106, Presently residing at Dr. Neeraj Sinha, Khajanchi Road, O.P.- Mahavir Mandir, P.S.- Pirbahore, P.O.- Bankipur, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Complaint Case no.1522 of 2016 , registered for offences punishable under Sections 406 & 420 of the Indian Penal Code. Allegation against the petitioners is that they have taken Rs.02 lac from the complainant for providing job and thereafter they have not provided job.
Submission of the learned counsel for the petitioners is that they have taken only Rs.93,000/- from the complainant and the allegation of taking Rs.02 lac is false and concocted and they are ready to return Rs.93,000/-.
Patna High Court Cr.Misc. No.24071 of 2018 (3) dt.20-08-2018 Heard learned A.P.P. and the learned counsel for the complainant. They have opposed the prayer for bail stating that Rs.02 lac has been taken by the petitioners.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, surrender before the court below along with a bank draft of Rs.93,000/- payable in the name of the O.P.No.2 within a period of six weeks from the date of order and once the same is paid by the petitioners, they shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Patna in connection with Complaint Case No.1522 of 2016 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
It is made clear that without going into the merit, this order has been passed for the purpose of bail and payment of the aforesaid amount shall be subject to result of the case. With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T