Patna High Court Cr.Misc. No.29376 of 2011 (2) dt.23-09-3011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29376 of 2011
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1. Abhishek Kumar, S/O Abhimanyu Pd. Shilhori, P.S. Marhowra, Disttt.
Saran
2. Rakesh Kumar, S/O Chulhan Pd. Shilhori, P.S. Marhowra, Disttt. Saran
…. …. Petitioners
Versus
The State Of Bihar
…. …. Opposite Party
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2 23-09-3011 Heard learned counsel for petitioners and learned
counsel for the State.
The petitioners apprehend their arrest in connection
with a case in which cognizance for the offence punishable under
sections 406, 427, 468 and 474/34 of the Indian Penal Code has
been taken.
It is submitted that the case arises out of a complaint.
The petitioner no. 1 is husband of one Bibha Devi who is
Secretary of Shiksha Samittee whereas petitioner no. 2 is an
auction purchaser. It is submitted that the complainant himself had
authorized co-accused Bibha Devi to work as Chairman in his
absence and when he remained absent for sufficiently long time
meeting of Shiksha Smittee was organized by co-accused Bibha
Devi. The committee with majority resolved to construct new
building by demolishing old building which was in dilapidated
condition. The debris were auctioned to petitioner no. 2 and Rs.
Patna High Court Cr.Misc. No.29376 of 2011 (2) dt.23-09-3011
20,000/- has been deposited in School’s account. It is submitted
that the complaint has been instituted with oblique motive in order
to harass the petitioners and other co-accused persons.
Considering the facts and circumstances of the case, let
the petitioners, namely, Abhishek Kumar and Rakesh Kumar, in
the event of their arrest or surrender before the court below within
a period of four weeks from the date of receipt/communication of
the order be released on bail on furnishing bail bonds of Rs.5,000/-
(five thousand) each with two sureties of the like amount each to
the satisfaction of the learned Judicial Magistrate, Ist Class, Saran
at Chapra in connection with Tr. No. 2022 of 2011 arising out of
Complaint Case No. 1637 of 2009, subject to the conditions as laid
down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
Bhardwaj/-