Ajay Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36087 of 2017 Arising Out of PS.Case No. -667 Year- 2017 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Ajay Kumar, Son of Jai Gobind Yadav

2. Jai Gobind Yadav, Son of Late Dharichan Yadav Both Resident of Village-Lakharaon, P.S.-Siwan Muffasil, District-Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sanjay Kumar, Son of Late Munga Prasad Resident of Mohalla-Shastri Nagar, P.S.-Siwan Town, District-Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 406, 420, 354, 354C, 323, 467, 468, 471, 504, 34 of the Indian Penal Code.

Allegation is that the complainant has advanced Rs. 20 lacs as loan in cash to petitioner no.1. The petitioner no.1 has refunded through a cheque Rs. 10 lacs, the cheque bounced. Thereafter the complainant and his wife went to demand the money where the petitioners misbehaved with the wife of the complainant by outraging her modesty.

Learned counsel for the petitioners submitted that the

Patna High Court Cr.Misc. No.36087 of 2017 (2) dt.10-08-2017 2/2 petitioners and the complainant were in business term. The petitioners have transferred money on so many occasions in the account of complainant. Ultimately the complainant had agreed to register a land in favour of the petitioners, which he did not register and false allegation has been leveled of payment of loan in cash whereas the petitioners had paid money through Bank transfer.

Considering the aforesaid facts, let the above named petitioners, in the event of their arrest/surrender in the court below within a period of thirty days from the date of receipt of a copy of the order, be released on bail on furnishing bail bond of Rs. 10,000/( ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in Complaint Case No. 667 of 2017,subject to the conditions as laid down u/s 438(2) Cr.P.C. as well as condition that the petitioners shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Kumar, J) singh/- U T