Raghubir Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22549 of 2016 Arising Out of PS.Case No. -99 Year- 2013 Thana -TARAIYA District- SARAN ====================================================== Raghubir Prasad, son of Shivnath Prasad, resident of Village- Shankarpur, Police Station- Bhagwanpur, District- Siwan.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Triloki Nath Singh, Son of Babubal Singh, Vill- Taraiya, Police StationTaraiya, district- Saran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Abhijeet Gautam For the Opposite Party/s : Mrs. Indu Kumari Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-05-2016 Heard Sri Pankaj Kumar Jha, learned counsel for the petitioner and Smt. Indu Kumari Srivastava, learned Addl. Public Prosecutor.

The sole petitioner apprehends his arrest in connection with Taraiya P.S. Case no.99/2013 (arising out of Complaint Case no. 2485/2012) registered for the offence under Sections 406, 420 of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that there is no element of commission of offence as alleged in the F.I.R. He submits that it is true that some loan amount was taken from the informant side, but said loan was taken in the year 2003. It is admitted in the complaint petition that

Patna High Court Cr.Misc. No.22549 of 2016 (2) dt.20-05-2016 2/2 regularly the petitioner had paid loan amount with interest up to the year 2012 and, thereafter dispute was raised that some amount has not been paid.

After hearing learned counsel for the parties and considering the facts and circumstances of the case, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, let the petitioner, namely Raghubir Prasad, in the event of his arrest or surrender within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.10, 000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra , District-Saran in connection with Taraiya P.S. Case no.99/2013, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure (Rakesh Kumar, J) NKS/- U