Vinod Kuar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12808 of 2017 Arising Out of PS.Case No. -487 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1.Vinod Kuar son of Raghunath Kuar.

2.Rahul Kumar Kuar son of Vinod Kuar, both residents of VillageHarihara, P.S.Phulwaria, District- Gopalganj. .... .... Petitioner/s

Versus

1.State of Bihar

2. Satya Narain Sah, son of Late Chokat Sah, resident of villageMahnakuli, Tola- Samuapur, P.S.Chanpatia, West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No.487 (C) of 2014 registered under Sections 420, 323 and 504 of the Indian Penal Code. The accusation is that Ram Balak Kumar younger brother of the complainant came in touch with petitioner no.2, Rahul Kumar Kuar, son of petitioner no.1, who was pursuing his study in T.S. Memorial Asian Medical Institute at Russia and Petitioner no.2 told to Ram Balak Kumar for admission in

Patna High Court Cr.Misc. No.12808 of 2017 (2) dt.18-04-2017 2/3 M.B.B.S. Course in the said Medical College. Accordingly, Rs.1,30,000/- was given on different dates to petitioner no.2 for obtaining passport, visa, air ticket etc. but petitioner no.2 could not manage the admission of Ram Balak Kumar and despite repeated demand of money the same could not be returned. Later on, Ram Balak Kumar took his admission in other Medical College in Russia.

Learned counsel for the petitioner submits that on account of delay occurred in course of completion of formalities in issuance of passport,Visa, etc. in favour of the brother of the complainant, O.P.No.2, which caused extra expenditure of Rs.80,000/- which was being demanded by the petitioners. Hence the petitioners have falsely been implicated by the complainant O.P.No.2 with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.,-

Patna High Court Cr.Misc. No.12808 of 2017 (2) dt.18-04-2017 3/3 IV,Bettiah, West Champaran, in connection with Complaint Case No.487 ( C )/14, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U