Mukesh Kumar @ Mukesh Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40079 of 2018 Arising Out of PS.Case No. -1513 Year- 2015 Thana - BHAGALPUR COMPLAINT CASE District- BHAGALPUR ===================================== Mukesh Kumar @ Mukesh Ram, son of Sri Sahdeo Ram, resident of Muhalla- Ramsar, Urdu Bazar Road, P.S.- Tatarpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Lalmuni Devi, W/o Sri Arun Ram, resident of Village- Mansarpur Sabour, P.S.- Zero Mile, DistrictBhagalpur. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Diwarkar Upadhyaya, Adv. For the Opposite Party/s : Mr. Anant Kumar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-07-2018 This application for grant of bail arises out of Complaint Case No. 1513 of 2015, dated 07.07.2015, in which cognizance has been taken under Sections 406, 420 and 120-B of the Indian Penal Code.

The complainant was in possession of some money because of sale of land by her husband. The petitioner and two others are stated to have impressed

Patna High Court Cr.Misc. No.40079 of 2018 (2) dt.10-07-2018 2/3 upon her that the money would be best utilized for purchase of a property at Bhagalpur belonging to accused No. 4/Mahesh Chandra Jha. An agreement was, therefore, entered into between the three sons of the complainant and accused No. 1/Binod Mandal, who is not even the owner of the land. Thereafter, it is alleged in the complaint petition that the money was paid by the complainant, but neither the property was vended nor the money has been returned.

Learned counsel for the petitioner has submitted that he is none else but the son-in-law of the complainant, who is only alleged to have suggested to the complainant that the money, which the complainant was in possession of, could be better utilized for the purchase of a property at Bhagalpur. Neither has the petitioner accepted the money nor he has any concern with the agreement which was entered into between accused No. 1 and the three sons of the complainant.

The petitioner is in custody since 16.02.2018. Considering the aforesaid facts, the petitioner, above named, is directed to be released on bail on his furnishing bail-bond in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class,

Patna High Court Cr.Misc. No.40079 of 2018 (2) dt.10-07-2018 3/3 Bhagalpur or successor Court in connection with Complaint Case No. 1513 of 2015.

(Ashutosh Kumar, J) Praveen-II/- U T