Ranjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69900 of 2021 Arising Out of PS. Case No.-538 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== RANJAY KUMAR Son of Umesh Thakur Resident of Village- Kushi Harpur, Horil, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP For the Informant :

Mr.Udit Narayan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offences punishable under Sections 406, 420, 379, 467, 468, 34, 341, 323, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 28.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that her son was murdered in the year 2012, further her son had taken an LIC policy and her nephew Dhananjay, his wife Divya, Ranjay (petitioner), his father Umesh and mother Geeta came and asked the informant to

Patna High Court CR. MISC. No.69900 of 2021(2) dt.26-04-2022 2/3 handover all the relevant documents of the deceased pertaining to his LIC policy. It is further alleged that since the informant was emotionally disturbed and her elder son was in Gujarat, hence she handed over all the documents to Dhananjay and the petitioner, further the informant came to know that a fake account was opened in her name in the United Bank of India in which the money related to policy was credited and the same was withdrawn by forging her signature.

Learned counsel for the petitioner submits that the date of occurrence is 23.04.2014 and the present F.I.R. came to be instituted on 21.08.2021 i.e. after a delay of seven years and that too without any plausible explanation. It is further submitted that the informant did not have any bank account prior to the death of her son and it was only when her son died, for the purposes of encashing the LIC policy, the aforesaid bank account was opened in which the money was transmitted by the LIC.

Learned counsel for the informant and learned A.P.P. for the State oppose the prayer for bail of the petitioner but are not able to meet the submission of the learned counsel for the petitioner with regard to delay of seven years in instituting the F.I.R.

Patna High Court CR. MISC. No.69900 of 2021(2) dt.26-04-2022 3/3 Considering the fact that the petitioner is in custody since 28.08.2021, is a person with clean antecedent, chargesheet has been submitted in the case and there is an inordinate delay in instituting the F.I.R. let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kanti P.S. Case No. 538 of 2021.

(Satyavrat Verma, J) Rishi/- U T