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Patna High CourtCR. MISC./7780/2023allowed

Sahdev Sahu v. The State Of Bihar

2023-08-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7780 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== SAHDEV SAHU Son of Kusheshwar Sahu Resident of Village- Haripur Baxi Tola, P.S.- Kotwali, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hasina Khatoon Wife of Md. Mokim Resident of village- Mureth, P.S.- Arer, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar Jha For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State. Although a vakalatnama has been filed on behalf of opposite party no.2 but, in spite of repeated calls, none appeared on her behalf.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code.

3. The complainant, in her complaint petition, alleged that petitioner, who is agent of the PACL India Limited in which the complainant deposited totalling to Rs.62,500/- but when she approached to take her maturity amount the petitioner used to make excuses on the one or the other grounds.

Patna High Court CR. MISC. No.7780 of 2023(3) dt.24-08-2023 2/3

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that the complainant deposited Rs.1000/- per month from 12.10.2012 to 21.08.2014 but later on the PACL India Limited was prevented from accepting deposits by the SEBI. Later on, the matter went up the Hon'ble Supreme Court and a one man committee under the Chairmanship of Hon'ble Mr. Justice R.M. Lodha, the ExChief Justice of India was constituted to look into the assets of the PACL India Limited and take steps for payment of dues of the investors by the selling of the properties of the said company. It is further submitted that the said company is under liquidation by the orders of the Hon'ble Supreme Court. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned Court

Patna High Court CR. MISC. No.7780 of 2023(3) dt.24-08-2023 3/3 below where the case is pending/successor Court in connection with C.R. No. 14 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T