Sushil Kumar Verma @ Ram Prasad Karn And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44474 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -AMARPUR District- BANKA ======================================================
1. Sushil Kumar Verma @ Ram Prasad Karn, Son of Late Naresh Prasad.
2. Chanda Verma, Wife of Sushil Kumar Verma alias Ram Prasad Karn, Both are residents of Village- Kushmaha, P.S.- Amarpur, DistrictBanka, at present resident of Village- Rahmatpur, P.S.- Asharganj, District- Munger, (Bihar).
.... .... Petitioners.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== Appearance :
For the Petitioner : Mr. Dhananjay Kumar, Advocate. For the State : Mrs. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 26-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Amarpur P.S. Case No.109 of 2016 registered under Sections 342, 323, 406, 504 and 506 of the Indian Penal Code. The accusation is that the petitioner no.1 Sushil Kumar Verma alias Ram Prasad Karn being the L.I.C. Agent approached the complainant/informant Pramod Karn and witness nos.1 to 6, namely, Akash Kumar, Munni Devi, Putul Devi, Nirmala Devi, Kundan Kumar Verma and Devki Devi respectively, for insurance and, accordingly, he took Rs.65,000/- but the receipt in respect
Patna High Court Cr.Misc. No.44474 of 2016 (2) dt.26-10-2016 2/3 thereof was issued to the lesser amount. While the complaint was made to the District Magistrate and other Administrative Officers but there was no fruitful result and, ultimately, on 04.09.2014, a Panchayati was arranged in which the petitioner no.1 agreed to give the receipt of the amount, as received, otherwise he will return the amount but the petitioner did not give the receipt nor returned the amount. Thereafter, on 22.02.2016, when the complainant/informant and others went to the house of the petitioners and made request to return the money, both the petitioners assaulted them.
Learned counsel appearing on behalf of the petitioners submits that, in fact, in the year 2014, Ashish Kumar Karn alias Chuniya, the son of the petitioners was murdered under the conspiracy of the complainant/informant of the present case and others and his dead body was hanged on a 'Neem' tree but this fact did not come in the knowledge of the petitioner no.1 and, as such, his dead body was disposed of and, later on, on the instance of the petitioner no.1, Complaint Case No.647 of 2015 was lodged against the complainant/informant of the present case and others on 30.04.2015, due to that reason, as a counter blast to that complaint case, the present complaint case has been filed by the complainant/informant.
Patna High Court Cr.Misc. No.44474 of 2016 (2) dt.26-10-2016 3/3 Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No.109 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T