Binda Kuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1393 of 2022 Arising Out of PS. Case No.-32 Year-2020 Thana- KACCHWA District- Rohtas ====================================================== 1.

BINDA KUWAR W/o Late Sri Ram Rai Resident of Village - Gujaru, P.S.- Kachchhawa, Distt.- Rohtas.

2.

RAVI SHANKAR RAI @ PANKU Son of Late Sri Ram Rai Resident of Village - Gujaru, P.S.- Kachchhawa, Distt.- Rohtas. 3.

UDAY SHANKAR RAI @ SINTU Son of Late Sri Ram Rai Resident of Village - Gujaru, P.S.- Kachchhawa, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocat For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP For the Informant :

Mr. Adilya Nr. Singh, No.1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 420, 406, 504 and 506/34 of the Indian Penal Code. The prosecution case in nutshell is that the informant Ram Eqwal Rai had given a sum of Rs.6,50,000/- as loan to his cousin Ram Rai but before repaying the money Ram Rai died just after two years and the petitioners are the wife and sons of the deceased but they are not ready to return back the said money to the informant.

Patna High Court CR. MISC. No.1393 of 2022(2) dt.27-07-2022 2/2 It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that it is a case of purely civil in nature and the informant may move before the appropriate Court for the legal course of action.

It is submitted on behalf of the informant that the petitioners are threatening that if the informant demands the said money of loan, he will have to face dire consequences. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory 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 ACJM-I, Bikramganj, Rohtas in connection with Kachchhawa P.S. Case No. 32 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U