Sanjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54949 of 2019 Arising Out of PS. Case No.-507 Year-2018 Thana- ARARIA District- Araria ====================================================== 1.

SANJIT KUMAR 2.

Ranjit Kumar 3.

Subhash Kumar All sons of late Jagadish Prasad Verma, Resident of Chitraguptanagar, Ward No.- 21, P.S. and District- Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Thakur For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Araria P.S. Case No. 507 of 2018, disclosing the offences under Sections 341, 323, 379, 406, 504 and 506/34 of the Indian Penal Code.

It is alleged in the First Information Report that the petitioners who are friends of the informant, had convinced him to obtain SBI Life India Policy and, thereafter, he had been taking premium amount from the informant on regular basis. Though, they had taken a total sum of Rs.1,64,000/-, no receipt was ever supplied by the petitioners. Subsequently, the

Patna High Court CR. MISC. No.54949 of 2019(3) dt.20-11-2019 2/3 informant learnt that as a matter of fact, no insurance was done in his favour. It is accordingly alleged that the petitioners duped the informant by misrepresentation, of a sum of Rs.1,64,000/-. Learned counsel appearing on behalf of the petitioners has submitted that few months prior to the filing of the present case, the petitioners had lodged an FIR against the informant and lodging of the present FIR is a counter blast to the previous cases lodged by the petitioners. He also submits that there is no material to suggest that the petitioners have ever taken any amount from the informant, as alleged in the First Information Report.

Considering the nature of dispute, 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 bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 507 of 2018, subject to the condition 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

Patna High Court CR. MISC. No.54949 of 2019(3) dt.20-11-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.Ali/- U T