Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84398 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- SALAKHUA District- Saharsa ====================================================== 1.

Rekha Devi Wife of Pankaj Sah Resident of Village - Azad Nagar Ganj, Makhan Tola, Ward No. 5, P.S. - Simri Bakhtiarpur, District - Saharsa 2.

Pankaj Sah Son of Mahesh Sah Resident of Village - Azad Nagar Ganj, Makhan Tola, Ward No. 5, P.S. - Simri Bakhtiarpur, District - Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kuldeep Sah Son of Bhuto Sah Resident of Village - Karhara Ward No. 3, P.S. - Salkhua, District - Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rashmi Jha, Adv.

For the State :

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioners and learned APP for the State. None appears on behalf of the opposite party no.2 (informant).

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 406, 420, 120(B), 504, 506 of the Indian Penal Code.

3. The allegation in the FIR is that the petitioners are working in a finance company and they took an amount of Rs. 25,000/- from several persons on the ground that they would be sanctioned loan in a period of three months. It has further been

Patna High Court CR. MISC. No.84398 of 2024(5) dt.18-06-2025 2/3 alleged that the loan was never passed and the money was also not returned to the investors.

4. At the outset, learned counsel appearing for the petitioners submits that the present FIR has been filed after a lapse of about four years and no explanation, much less plausible, has been tendered for the same. It is further submitted that the petitioners are the recovery agents and they have no criminal antecedent of similar nature of offence. No bank details regarding the payments has also been brought on record. It is only the informant who is giving the details of payments of other investors, whereas no other investors have raised any claims against the petitioners nor have filed any case against them.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Salkhua

Patna High Court CR. MISC. No.84398 of 2024(5) dt.18-06-2025 3/3 P.S. Case No. 50 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T