Rabindra Mohan Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4776 of 2015 Arising Out of PS.Case No. -76 Year- 2009 Thana -K.HAT District- PURNIA ====================================================== Rabindra Mohan Dubey, S/o Sri. Chandra Mohan Dubey, R/o MohallaSipahitola, P.S. - K. Hat, District- Purnia .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sourendra Pandey, Advocate For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner, the State and the complainant/informant.

The petitioner seeks bail in a case registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code.

The allegation against the petitioner is that he took Rs.56,000/- from the informant to purchase the land as the petitioner was broker, but he did not give the money to the owner of the land.

It is submitted that initially the informant had filed a complaint case which was later on registered as K. Hat P.S. Case No.76/2009 and after investigation, the allegation was not found true. Thereafter, a protest petition was filed and the learned Chief Judicial Magistrate took cognizance against the petitioner. The petitioner is in custody since 26.11.2014.

Patna High Court Cr.Misc. No.4776 of 2015 (3) dt.04-03-2015 2/2 The learned counsel for the informant/complainant submits that the petitioner has also criminal antecedents. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Jeetendra Kumar, Judicial Magistrate, 1st Class, Purnia/court concerned in K. Hat P.S. Case No.76/2009 after framing of charge with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T