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Patna High CourtCR. MISC./39590/2017bail granted

Kamlesh Kumar v. State Of Bihar And ANR

2017-08-19Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39590 of 2017 Arising Out of PS.Case No. -880 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Kamlesh Kumar S/o Mundrika Prasad @ Munarik Mahto, R/o Vill. Barki Kharwan, PS Dulhin Bazar, Distt. Patna.

.... .... Petitioner

Versus

1. The State of Bihar

2. Devendra Yadav S/o late Rajbali Yadav, R/o Vill. + Post - Lala Bhadsara, PS - Dulhin Bazar, Distt. - Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-08-2017 Heard Sri Jitendra Narain Sinha, learned counsel for the petitioner and Dr. Mrityunjay Kumar Gautam, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Complaint Case i.e. C.R. No. 880(C) of 2016 for offence under Sections 120B, 420 and 406 of the Indian Penal Code, has prayed for grant of bail in the event of arrest or surrender. Learned counsel for the petitioner, by way of referring to fact disclosed in the complaint petition, submits complaint petition itself indicates that the petitioner had taken friendly loan from the complainant and for the purposes of recovery of loan amount, colour of criminal offence has been given and complaint case was filed.

Patna High Court Cr.Misc. No.39590 of 2017 (2) dt.19-08-2017 2/2 Besides hearing, I have also perused the materials on record. Considering the nature of accusation, there is no reason to refuse the prayer for anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Kamlesh Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss Nutan Kumari, learned Judicial Magistrate 1st Class, Danapur, Patna in connection with C.R. No. 880(C) of 2016, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.) Anay U T