IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9965 of 2009 ANIL KUMAR CHOUDHARY Versus THE STATE OF BIHAR ----------- 05 25.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 406 and 420 of the Indian Penal Code. In relation to an occurrence that had taken place way back in 2005, the present case has been lodged by the informant on 8.2.2008 by way of an application submitted to the Superintendent of Police, Katihar which ultimately cause registration of case on 31.3.2008. Allegation as per the said written report is that the petitioner obtained a sum of Rs. 3,00000/- from the wife of the informant, on the plea that the amount shall be returned to her as and when required. It is alleged in the F.I.R. that the amount was kept for the marriage of the daughter of the informant. On demand since being made the amount so taken by the petitioner was not been refunded/ returned to the informant. Learned counsel submits that the 2 allegation contained in the F.I.R. appears to be not gullible on the first blush. The informant waited for about 2-3 years and ultimately decided in his own wisdom to make an application to the Superintendent of Police. Thus, according to him the case suffered from inordinate delay. It is contended that there is no document on record to support the statement/allegation that she did pay the amount and the same was received by the petitioner. It appears, on the strength of these facts, the petitioner is in custody since 14.11.2008. Learned A.P.P. on the other hand, submits that the Police have already found the case true under Sections 406 and 420 of the Indian Penal Code. Be that as it may, having regard to the facts noted above, this Court is persuaded to admit the petitioner on bail. In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with 3 Falka (Pothia) P.S. Case No. 48 of 2008, subject to condition that one of the bailors should be the own/ close family member of the petitioner. P.K. (K. K. Mandal, J.)