Patna High CourtCR. MISC./15987/2018bail granted

Mukesh Kumar Turaha @ Mukesh Sah And ANR v. State Of Bihar And ANR

2018-04-10Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15987 of 2018 Arising Out of PS.Case No. -232 Year- 2015 Thana -MASRAKH District- SARAN =====================================

1. Mukesh Kumar Turaha @ Mukesh Sah, S/o Chandrama Sah @ Chandra Sah,

2. Chandrama Sah @ Chandra Sah, S/o Late Radhe Sah Turha, Both are R/o VillageMasharakh Setuar Tir, P.S.- Masharakh, District- Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Subodh Kumar Sah, S/o Kameshwar Prasad, R/o VillageMasharakh Jadumorh, P.S.- Masharakh, District- Saran at Chapra.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Krishna Kumar Yadav, Adv. For the Opposite Party/s : Mr. Bisheshwar Ram, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-04-2018 The petitioners seek bail in anticipation of their arrest in connection with Masharakh P.S. Case No. 232 of 2015, dated 04.08.2015, instituted for the offences punishable under Sections 420, 406, 467, 488 and 471 of the Indian Penal Code.

The petitioners are said to have convinced

Patna High Court Cr.Misc. No.15987 of 2018 (2) dt.10-04-2018 2/3 opposite party No. 2/complainant for parting with some money for the purposes of giving him employment in Afghanistan. When the employment could not be given and money was demanded back, a promise was made by the petitioners for returning the amount in installments, but till date, nothing has been returned.

Learned counsel for the petitioners has submitted that a general and vague allegation has been levelled against the petitioners, who have denied of having taken Rs. 1,50,000/- from the opposite party No. 2/complainant. There is no proof of the fact that such amount was given by the opposite party No. 2/complainant. The petitioners, on the contrary, earn their livelihood by selling clothes in the village and it is not expected that on their assurance for providing employment, money would be given to them. Regard being had to the nature of accusation and the status of the petitioners, this Court is inclined to enlarge them on anticipatory bail.

Let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 8th Additional Chief Judicial

Patna High Court Cr.Misc. No.15987 of 2018 (2) dt.10-04-2018 3/3 Magistrate, Chapra in connection with Masharakh P.S. Case No. 232 of 2015.

(Ashutosh Kumar, J) Praveen-II/- U T