Raghubar Sharma @ Raghubeer Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47174 of 2015 Arising Out of PS.Case No. -69 Year- 2015 Thana -DIGHALBANK District- KISANGANJ ======================================================
1. Raghubar Sharma @ Raghubeer Sharma Son of late Mahadev Sharma
2. Sonu Sharma@Sunil kumar Sharma Son of Raghubar Sharma both resident of Village -Tulasia P.s Dighalbank District Kishanganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Rina Sinha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioners apprehends their arrest in connection with Dighalbank P.S. Case No. 69 of 2015 (G.R. No. 923 of 2015) registered for the offences punishable under Sections 419, 420, 406, 409, 467, 468/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner no.1 is the coordinator of the Self Help Group known by the name of Mina Self Help Group. It is further submitted that Sewai making machine was purchased by the said group and was supplied by the
son of the petitioner no. 1. In lieu thereof the petitioner's son (petitioner no. 2 herein) received Rs. 95,000/- which was paid from the account of the Self Help Group in the account of the son of petitioner no.1 which stand testified by Annexure-2 series. The said amount was given to the petitioner no. 2 through RTGS by the bank. The said receipt also showed that the informant, namely, Nilu Devi and one women, namely, Mina Devi also signed on the said receipt, acknowledging the said transaction.
It appears that for some reasons or other reasons, there was some difference between the members of the group and therefore, the present FIR has been lodged against these petitioners alleging that they have cheated the group and taken the money surreptitiously.
However, considering the entire facts and circumstances of the case and also the fact that the receipt indicates prima facie that there was some purchases made by the Self Help Group from the son of the petitioners son, let the
petitioner above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Magistrate, Kishanganj in connection with Dighalbank P.S. Case No. 69 of 2015, (G.R. No. 923 of 2015), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) Jagdish/- U T