Anticipatory bail granted where allegations are found to be civil in nature rather than criminal.

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

6 17-12-2025 1. Heard learned Counsel for the petitioners, learned Counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out

22.11.2024, disclosing offences punishable under Sections 316(2)/318(4)/351(2)/3(5) of the Bhartiya Nyaya Sanhita , 2023.

3. The prosecution case, as per the First Information Report, is that on 17.11.2024, at about 05:30 PM, the petitioners reached the door of the informant and asked him why he repeatedly call them on their phone, upon which, the informant told him that out of the money transaction between the petitioners and the son of the informant, who used to run the C.S.P. of Punjab National Bank, a sum of Rs. 3,96,000/- is due and why they did not return the said amount. On this, the petitioner Arun Kumar told the informant that he would return the money within 4-5 days, but the petitioners, Mukesh Kumar and Nitish Kumar, refused to return the money and also threatened him to implicate in false case.

4. Learned Counsel for the petitioner submits that the petitioners have falsely been implicated in this case due to ulterior motive. There was money transactions between the petitioners and the son of the informant, which gives rise to civil dispute, but this has been given the colour of criminal case. The allegation against the petitioners is not serious in nature. There is case and counter case between the parties inasmuch as the petitioner no. 1 has lodged informant and others.

5. Having heard learned Counsel for the parties concerned and taking into consideration the nature of allegation made in the First Information Report and the fact that no serious allegation is made out against the petitioners, there is case and counter case between the parties and the dispute between the parties relates to money transactions between them, which is civil in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita , 2023.