Satendra Rai @ Satendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56503 of 2021 Arising Out of PS. Case No.-1182 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Satendra Rai @ Satendra Kumar Son Of Sri Vijay Rai Resident Of VillageRustampur Pinpariya, P.S.- Raghopur, District- Vaishali. 2.

Harendra Rai Son of Sri Ram Janam Rai Resident of Bhatipar Choti Mandir, P.S.- Malsalami, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Doman Singh Son of Late Lakhsman Singh Resident of Village- Punadih, P.S.- Didarganj, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akshansh Ankit For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2022 Heard learned counsel for the petitioners, complainant and learned APP for the State.

The petitioners are apprehending their arrest in a case complaint case in which cognizance has been taken for the offences punishable under Sections 420, 406 of the Indian Penal Code.

The prosecution case as per F.I.R is that the petitioners are involved in financing vehicles. The complainant approached the petitioners to avail a loan

2/4 for HYVA. The petitioners asked the complainant to deposit Rs. 15,00,000/- in the account of the petitioners and assued to finance the balance amount for HYVA. Thereafter, the complainant deposited Rs. 11,00,000/- in the account of petitioner No. 1 and Rs. 4,00,000/- in the account of petitioner No. 2. The petitioners also took blank cheques and revenue receipt from the complainant. However, after a considerable period of time when the petitioners did not finance for HYVA, the complainant went along with his son in the office of the petitioners and demanded to return his amount for which, the petitioners became angry and assaulted the complainant and his son and also gave threatening to falsely implicate him in the case.

A supplementary affidavit has been filed on behalf of the informant to the effect that petitioner No. 2 has already transferred Rs. 9,00,000/- in the account of the complainant through RTGS. A photocopy of the bank transaction is annexed as Annexure-A to the petition.

3/4 Today, a supplementary affidavit has been filed on behalf of the petitioners to the effect that petitioners are ready to pay the balance amount of Rs. 6,00,000/- (Six Lakhs) in ten equal monthly installments. Learned counsel appearing on behalf of the informant has stated that balance amount of Rs. 6,00,000/- should be paid by the petitioners before execution of the bail bonds.

In view of the above, the petitioners are directed to pay the balance amount of Rs. 6,00,000/- in five equal installments.

Considering the aforestated facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna City in connection with Complaint Case No. 1182 of 2019,

4/4 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T