Saurav Kumar Sinha @ Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13506 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Saurav Kumar Sinha @ Saurav Kumar son of Rajdeo Prasad Sinha, .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Bihari Tiwary, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341/323/504/419/420/406/364/34 of the Indian Penal Code. Sikandar Yadav, a minor son of the informant, was found missing from the house since 15.12.2015. A report of missing was lodged with Ekangarsarai P.S. Case No.220 of 2015 against unknown. Thereafter Complaint Case No.423(C) of 2016 was filed on 16.08.2016 alleging therein that father of this petitioner, who has already been allowed regular bail in Cr. Misc. No.55589 of 2016, had taken money from the informant for managing job for another son of the informant. However, job could not be managed and the money was not refunded. In the
Patna High Court Cr.Misc. No.13506 of 2017 (3) dt.11-05-2017 2/3 same line the allegation is that Rs.2,00,000/- was deposited in the bank account of this petitioner through online transfer of money. Submission of the petitioner is that in para-6 of the bail petition, the petitioner has explained that Suman Kumar, cousin of this petitioner, was friend of the son of the informant. For the son of the informant money was sent through bank transfer and entire money was withdrawn within short span of time by the said Suman Kumar. Suman Kumar has also been allowed anticipatory bail in Cr. Misc. No.6642 of 2017 by a coordinate Bench of this Court.
Considering the facts and circumstances aforesaid especially the fact that illegal act of the informant in giving bribe for backdoor entry in job cannot be protected in law, hence, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory 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, Hilsa at Nalanda/Successor Court in connection with Ekangarsarai Police Station Case No.115 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner
Patna High Court Cr.Misc. No.13506 of 2017 (3) dt.11-05-2017 3/3 shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case. (Birendra Kumar, J) Mkr./- U T