Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53135 of 2019 Arising Out of PS. Case No.-1072 Year-2018 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== 1.
PANKAJ KUMAR Son of Pradeep Mehta Resident of Village- Naghara, P.S.- Aurangabad (M), District- Aurangabad.
2.
Vikesh Kumar Son of Pradeep Mehta Resident of Village- Naghara, P.S.- Aurangabad (M), District- Aurangabad.
... ... Petitioners
Versus
The State of Bihar & Anr.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhanu Pratap Singh For the Opposite Party/s :
Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Complaint Case No. 1072 of 2018 for the offence punishable under Sections 323, 504, 380 and 354/34 of the Indian Penal Code.
The petitioners are full brothers. The complainant is Centre Operator of Customer Service Centre of Madhya Bihar Gramin Bank. Allegedly, the petitioners with their father, coaccused, Pradeep Mehta, entered into the Customer Service Centre and started demanding withdrawal of a sum of Rs.50,000.00. It is alleged that there being provision for withdrawal of amount up to rupees ten thousand only, when the complainant refused, they assaulted her and took away a sum of
Patna High Court CR. MISC. No.53135 of 2019(2) dt.26-08-2019 2/3 Rs.50,000.00.
Learned counsel appearing on behalf of the petitioners has submitted that, allegedly, the occurrence had taken place on 04.11.2018, for which the complaint case came to be filed on 27.11.2018. It has further been submitted that there would have no question of any request for withdrawal of a sum of Rs.50,000.00 when there was only one thousand balance in the account of the petitioner No.1.
Considering the facts and circumstances, as noted above, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Aurangabad, in Complaint Case No. 1072 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,
Patna High Court CR. MISC. No.53135 of 2019(2) dt.26-08-2019 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T