Patna High CourtCR. MISC./61283/2017bail granted

Abhimanyu Kumar And ANR v. The State Of Bihar

2017-12-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61283 of 2017 Arising Out of PS.Case No. -108 Year- 2017 Thana -SHEIKHOPUR SARAI District- SEKHPURA ======================================================

1. Abhimanyu Kumar, S/o Late Anuplal Singh, R/o Village- Mustafapur, P.S.- Surajgarha, District- Lakhisarai.

2. Nutan Kumari W/o Vijay Kumar, R/o Magadh Colony Bari Pahari, P.S.- Sohsarai, District- Nalanda.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 22-12-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Sekhopur Sarai P.S. Case No. 108 of 2017 registered under Sections 409, 420, 467 and 468 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that though the informant has alleged that she submitted withdrawal slip for Rs.30,000/- and the amount was

Patna High Court Cr.Misc. No.61283 of 2017 (2) dt.22-12-2017 not paid to her, she did not make any complain either to officers of the bank or to the police for more than three years. Learned counsel for the informant opposed the application for grant of pre-arrest bail to the petitioners. He submitted that merely because there was delay in institution of the FIR, the allegations made in the FIR cannot be disbelieved. Be that as it may, regard being had to the nature of the allegation and the submissions made on behalf of the petitioners, in the event of arrest or surrender in the court below within six weeks from today, they are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Sheikhpura in connection with Sekhopur Sarai P.S. Case No. 108 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T