Patna High CourtCR. MISC./32243/2015bail granted

Kameshwar Singh And ORS. v. State Of Bihar And ANR

2015-08-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32243 of 2015 Arising Out of PS.Case No. -1382 Year- 2013 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Kameshwar Singh

2. Prabhu Singh

3. Om Prakash Singh All are S/o Rajendra Singh Resident of Village Hasua, P.S. Nautan, District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Naresh Singh, Advocate S/o Raghunandan Singh R/o Village Dharm Makariabadli, P.S. Siwan (M), District Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Shailendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Heard learned counsels for the petitioners, complainant and the State.

The petitioners are apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 417,504 and 406/34 of the Indian Penal Code. The prosecution case is that the accused persons took one lac rupees in 2010 for providing dealership of Pepsi cold drinks but neither the dealership was provided nor money was returned.

It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.32243 of 2015 (2) dt.07-08-2015 2/2 that the petitioners are relatives of the complainant and there is no proof with regard to the payment of money in 2010. It is further submitted that for the occurrence of 5.1.2010 the complaint was filed on 18.6.2013.

It is submitted by learned counsel for the complainant that relying on the petitioner being relative of the complainant, the complainant gave money but he has been cheated by the petitioners.

Considering the delayed nature of accusation, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Siwan in connection with Complaint Case No. 1382 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T