Patna High CourtCR. MISC./55282/2024bail granted

Renu Devi v. The State Of Bihar

2024-09-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55282 of 2024 Arising Out of PS. Case No.-254 Year-2023 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== 1.

Renu Devi Son Of Upendra Kumar 2.

Upendra Kumar Son Of Bhola Prasad Both Resident Of Village- Ruchunpura (RUCHANPURA), PsEkangarsarai, Dist- Nalanda ... ... Petitioner/s

Versus

The State of Bihar 2.

DEEPAK KUMAR SON OF RAM PRAVESH PRASAD VILLAGERUCHUNPURA (RUCHANPURA), PS- EKANGARSARAI, DISTNALANDA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 406, 420, 467, 504, 506/34 of the Indian Penal Code in connection with Complaint Case No.254(C) 2023.

3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent and petitioner no.1 is a women and the complainant alleges that petitioners are related and had taken loan of Rs.3,00,000/- for a period of one

Patna High Court CR. MISC. No.55282 of 2024(2) dt.02-09-2024 2/3 month, but did not return the amount.

4. The learned counsel submits that from perusal of the allegation as alleged in the complaint it would manifest that a civil dispute has been given a criminal colour. It is also submitted that in the event if complainant is aggrieved by the facts that the loan taken by the petitioners has not been returned in that event she has remedy of approaching a court of competent civil jurisdiction. It is also submitted that petitioners denies the allegation as alleged in the complaint It is next submitted that the instant case has been instituted only to coerce the petitioners into submissions under fear of arrest to part with the fanciful demands of the complainant.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Hilsa, Nalanda in connection with

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T