Krishna Bihari Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3431 of 2016 Arising Out of PS.Case No. -1143 Year- 2015 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Krishna Bihari Singh son of Late Parikha Singh

2. Ashok Kumar @ Ashok Kumar Singh

3. Shashi Ranjan Kumar @ Guddu Kumar Both sons of Krishna Bihari Singh, all resident of Village-Dihra, P.S.-Dinara, District-Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rakesh Kumar Singh, son of Barister Singh, resident of VillageMohamadpur, P.S.-Sheosagar(Baddi), District-Rohtas. At present resident of Mohalla-Jadav Mohalla, (Gaurakashi), North of Kali Mandir, House of Sheo Shankar Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Petitioners are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 406, 504, 506 of the Indian Penal Code. The prosecution case is that the complainant took loan of Rs. 4,15,000/- from the State Bank of India, Sasaram Branch for purchase of a land, withdrew Rs. 3,00,000/- and gave it to the petitioners being father-in-law and brothers-in-law on 22.07.2015 for it being returned on 25.07.2015 but the money has not been returned. It is submitted by learned counsel for the petitioners that petitioners are father-in-law and brothers-in-

Patna High Court Cr.Misc. No.3431 of 2016 (2) dt.21-01-2016 2/2 law of the complainant. The daughter of petitioner No. 1 was married with the complainant but subsequently she was subjected to torture when daughter of petitioner No. 1 filed Sasaram(T) P.S. Case No. 928 of 2015 levelling accusation under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act on 14.08.2015 and thereafter on 25.08.2015 the present complaint was filed.

Considering the nature of accusation and the fact that the case lodged by the petitioners' side is at earlier point of time, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory 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, Rohtas at Sasaram in connection with Complaint Case No. 1143 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T