Koushal Kumar Mallah Alias Kosal Kumar Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.4926 of 2024

----Koushal Kumar Mallah @ Kaushal Kumar @ Kosal Kumar .......... Petitioner. -Versus1. The State of Jharkhand 2. Laxmi Devi .......... Opp. Parties. ----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----For the Petitioner : Mr. Om Prakash, Advocate For the State : Mr. Vishwanath Roy, APP For O.P. No.2 : Mr. Rahul Ranjan, Advocate ----- Order No.03 Date: 06.09.2024

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The petitioner is apprehending his arrest in a case registered under Sections 406, 420, 384, 467, 504 and 506 of the Indian Penal Code.

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Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and has not committed any offence as alleged. As per the allegation, the petitioner, who happened to be the accountant in the medical shop of the informant/opposite party no.2, had misappropriate Rs.80,000/- and had subsequently taken Rs.60,000/- as loan for treatment of his father. He further misappropriated Rs.2.00 Lakh of the said medical shop, as he was looking after the accounts of the said shop. When the petitioner was asked by the informant to return said amount as well as mobile phone, which was given to him to get it repaired, he started blackmailing her by saying that he would make the photographs and videos available in the said mobile phone viral.

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It is further submitted that, in fact, the petitioner has not misappropriated any amount as alleged. On the request of the opposite party no.2, he had transferred Rs.4.72 lakh (in total) to the bank account of the informant, details of which have been mentioned in paragraph no.8 of the present anticipatory bail application. The opposite party no.2 returned Rs.1.50 lakh

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to the petitioner and also paid Rs.1.40 lakh towards salary for seven months at the rate of Rs.20,000/- per month and Rs.3.22 lakh is still lying with the opposite party no.2. The petitioner also issued legal notice to the opposite party no.2 on 13^th April, 2024 demanding balance payment from her, however, no reply was given to the said notice. The petitioner has no criminal antecedent, as has been stated in paragraph no.18 of the present anticipatory bail application. He, however, undertakes to co-operate in ongoing investigation of the case. Hence, he may be given the privilege of anticipatory bail. Learned counsel for the opposite party no.2 opposes the petitioner’s prayer for anticipatory bail and submits that it is totally unbelievable that the petitioner would give any amount to the informant, as he himself has admitted that he was an accountant in the medical shop of the informant. The petitioner having misappropriate the money available with the said medical shop does not deserve the privilege of anticipatory bail.

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Having heard learned counsel for the parties and considering the materials available on record, this Court is inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, the petitioner, in event of his arrest or surrender before the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount, each, to the satisfaction of learned Chief Judicial Magistrate, Dumka, in connection with Dumka (T) P.S. Case no.77 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

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(Rajesh Shankar, J.)

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Sanjay/

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-2-

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A.B.A. No.4926 of 2024

Koushal Kumar Mallah Alias Kosal Kumar v. the State of Jharkhand

Case brief

What is this about?

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Koushal Kumar Mallah Alias Kosal Kumar v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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