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Patna High CourtCR. MISC./74816/2024allowed

Sonu Kumar v. The State Of Bihar

2024-12-18Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74816 of 2024 Arising Out of PS. Case No.-1 Year-2023 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Sonu Kumar S/o- Radheshyam Ram @ Radhey Shyam Ram Village- Telari Ps- Chenari Dist- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Abhishek S/o- Late Ishwar Dayal Ram, Resident of Village- Sailas, P.O.- Barhuli Kalla, P.S.- Kochas, Dist- Rohtas at Sasaram, at present R/o- Village Bhabua Ward No.6, Nahar Colony, P.S.- Bhabua Dist- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate.

For the State :

Mr. Upendra Kumar, APP.

For the O.P. No.2 :

Mr. Raghwendra Pratap Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bhabua Complaint Case No.01 of 2023 in which cognizance has been taken against the petitioner under Section 420, 506 of the Indian Penal Code.

3. As per the complaint case, petitioner has taken a loan of Rs.13,90,000/- from the informant for purchase of some land and promised that if he will not return the loan amount, he will transfer the land in the name of informant. It is alleged that even after asking several times, the petitioner has not returned

Patna High Court CR. MISC. No.74816 of 2024(4) dt.18-12-2024 2/3 the loan amount and has shown the property of another person which is not in his name. It is also alleged that the petitioner had admitted to return the amount till 31.12.2022 but has not returned the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner and complainant are relatives and had the joint business and also had the money transaction with each other but later on difference occurred between them and the present false case has been filed. Learned counsel submits that the dispute between the parties is of civil nature and the present case has been lodged only to extort money from the petitioner. He further submits that petitioner had neither taken loan from the complainant nor he has purchased any land as alleged by the complainant. He also submits that petitioner has clean antecedent and he is in custody since 29.07.2024. Petitioner undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail

Patna High Court CR. MISC. No.74816 of 2024(4) dt.18-12-2024 3/3 bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Kaimur at Bhabua in connection with Bhabua Complaint Case No.01 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T