Atulpati Tripathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4883 of 2019 Arising Out of PS. Case No.-245 Year-2017 Thana- SIMRI District- Buxar ====================================================== ATULPATI TRIPATHI, son of Krishnapati Tripathi, resident of Vill-Pindi Deoria,P.S-Deoria,Distt.-Deoriya(U.P) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Simri P.S. Case No. 245 of 2017, registered for the offences punishable under Sections 420/34 of the Indian Penal Code. Allegation as per FIR is that the petitioner along with his father demanded Rs.7.5 lacs from the informant on the pretext of providing job and later on neither they have provided job nor returned the money.

Submission of learned counsel for the petitioner is that there is no allegation against the petitioner, rather allegation is against his father and he is living separately and a maintenance case has also been filed against his father by his mother and sister and though there is allegation of taking Rs.2.5 lacs at the instance of the petitioner and his father but the same was deposited in the account of his father and not in the account of the petitioner and, as such the petitioner is noway responsible either for returning the money or for

Patna High Court CR. MISC. No.4883 of 2019(5) dt.16-04-2019 2/2 providing job to the informant.

Heard learned APP and learned counsel for the informant. Having heard both sides and in the facts and circumstances, as stated above, let petitioner, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Simri P.S.Case No. 245 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further the petitioner has to co-operate in the investigation as well as during trial.

(Vinod Kumar Sinha, J) spal/- U T