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Patna High CourtCR. MISC./74985/2023bail granted

Rakesh Kumar @ Rakesh Kumar Gupta v. The State Of Bihar

2024-04-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74985 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== RAKESH KUMAR @ RAKESH KUMAR GUPTA Son of Jaylal Sah @ Jaynarayan Sah R/o vill - Simarwara, P.S. - Patepur, Distt. - Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vikramadit, Advocate For the Opposite Party :

Ms/Mrs. Anita Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 420, 306/506 of the Indian Penal Code.

3. As per the prosecution case, petitioner cheated and misappropriated money of the informant's wife and on such abatement, she committed suicide.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact, on the torture committed by the informant himself, his wife/the victim committed suicide. There is no cheat of paper in support of the alleged cheating committed by the petitioner. No overt act has been alleged against the petitioner. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.74985 of 2023(4) dt.09-04-2024 2/2

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Patepur Police Station Case No. 174 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T