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Patna High CourtCR. MISC./63788/2022bail granted

Rajesh Kumar v. The State Of Bihar

2023-04-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63788 of 2022 Arising Out of PS. Case No.-466 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Rajesh Kumar, Son of Late Ramadhar Rai, R/O Mohalla- Bhabua Ward No. 1, P.S.- Bhabua, Distt.- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsels for the parties.

Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 465, 467, 468, 471 and 420 of the Indian Penal Code.

As per prosecution case, after demise of husband of the informant, this petitioner assured the informant to provide a job and started living with her but in due course, in connivance of the Bank Officials, got his name added in the account of the informant. It is further alleged that in order to grab the property of the informant, petitioner got his name entered as her parents in the Voter Card and Aadhar Card.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He next submits that petitioner is own brother of the informant and the name has been added in the account of the informant by herself. Petitioner has got nothing to do with it.

Patna High Court CR. MISC. No.63788 of 2022(6) dt.17-04-2023 2/2 Moreover, out of total Rs. 42,93,808/- existing in their joint account only Rs. 7,08,325/- has been deposited by the petitioner from time to time. Petitioner has got nothing to do with the rest of the money. Till date, no money has been withdrawn by the petitioner from the account of the informant, as such, no offence as alleged is made out.

Learned counsel for the informant opposes the bail application and submits that false submission has been made on behalf of the petitioner and entire amount belongs to the informant.

Considering the nature of dispute and materials available on record, let the above named petitioner, in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P. S. Case No. 466 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T