Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68613 of 2024 Arising Out of PS. Case No.-539 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Sonu Kumar Son of Jamuna Prasad R/o Village- Maheshpur, P.S.- Ben, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Supriya Kumari W/o- Shailendra Kumar R/o village- Kashmirichak PSNoorsarai Dist.-Nalanda At present Renter in House of Umesh Singh R/oBrahmsthan PS- Laheri District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP For the Informant :

Mr. Pramod Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Laheri P.S. Case No. 539 of 2022 instituted for the offences under Sections 406, 420/34 of the Indian Penal Code.

3. Prosecution case, in short, is that, on the pretext of giving job, the petitioner has taken Rs. 5 lakhs from the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that from perusal of the FIR

Patna High Court CR. MISC. No.68613 of 2024(5) dt.19-02-2025 2/3 it appears that informant has given Rs. 1,89,999/- in the account of the petitioner. Learned counsel further contended that allegation of payment of Rs. 3,00,000/- to the petitioner is false and there is no material on record to support the allegation. However, after arguing at length learned counsel submitted that petitioner is ready to pay Rs. 2,50,000/- to the informant within a period of six months. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.05.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant raised no objection regarding the payment of Rs. 2,50,000/- in the account of the informant.

6. Considering the aforesaid facts and circumstances of the case and since the petitioner is ready to return Rs. 2,50,000/- to the informant as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laheri P.S. Case No. 539 of 2022, subject to the following conditions:

Patna High Court CR. MISC. No.68613 of 2024(5) dt.19-02-2025 3/3 (I) Petitioner will return Rs. 2,50,000/- to the informant in her account within six months after his release on bail. Out of which, the first installment will be of Rs. 50,000/- and the next five installments will be of Rs. 40,000/- each. The first installment will be paid within one month after the release of petitioner on bail and the rest five installments shall be paid by 5th of every month.

(II) If the petitioner fails to comply the aforesaid condition, the prosecution will be at liberty to move for cancellation of bail bonds.

8. It goes without saying that the aforesaid amount, i.e. Rs. 2,50,000/- which the petitioner promised to return to the informant of shall be subjected to the final outcome of the case. (Rudra Prakash Mishra, J) Alok Verma/- U T