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Patna High CourtCR. MISC./10580/2018bail granted

Raj Kumar Bharti And ANR v. State Of Bihar And ANR

2018-02-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10580 of 2018 Arising Out of PS. Case No.-337 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================

1. Raj Kumar Bharti son of Late Moti Lali Sharma

2. Rambha Devi wife of Raj Kumar Bharti Both resident of Station Road, Khusrupur, P.S. Khusrupur, District- Patna ... ... Petitioner/s

Versus

State Of Bihar & Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Moleshwar For the Opposite Party/s :

Mr. SRI KALYAN SHANKAR ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Complaint Case No. 337 of 2017 registered for the offence punishable under Sections 405 and 420 of the Indian Penal Code.

The allegation of the complainant is that the petitioners have misappropriated a sum of Rs. 85,000/- on the pretext of allotment of land under the Indira Awas Scheme to the informant.

The learned counsel for the petitioners submits that on account of enmity with one Anup Kumar, the said Anup Kumar

Patna High Court Cr.Misc. No.10580 of 2018(2) dt.22-02-2018 2/2 has instigated the complainant to file the present case. It is further submitted that the petitioners are stated to be having a clean antecedent barring one case which has been filed by the servant of the complainant in mala fide manner and the petitioners are on bail in the said case.

Having regard to the facts and circumstances of the case, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Barh, District-Patna in connection with Complaint Case No. 337 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T