Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8168 of 2023 Arising Out of PS. Case No.-2776 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== VIKAS KUMAR Son of Raghuvansh Sah Resident of village - Laxmipur, P.S.- Motihari Mufassil, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sabita Devi Wife of Satyapal Prasad Resident of village - Naga Road Ward No.- 22, P.S.- Raxaul, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Pandey,Advocate Mr.Subodh Kumar Barnwal,Advocate Md.Waliur Rahman, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit,APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 323, 406, 420, 506/34 of the Indian Penal Code.

As per complaint case, petitioner is alleged to have taken Rs. 21 lacs from the complainant in lieu of providing 3 B.H.K. flat in Green City, but neither flat was handed over to the complainant nor money has been returned to her. It is submitted on behalf of petitioner that petitioner has committed no offence. He, being Marketing Executive of the Green City Real Estate Pvt. Ltd., deposited all amount in the office of Green City, which were collected from complainant

Patna High Court CR. MISC. No.8168 of 2023(2) dt.18-04-2023 2/2 and different persons and thereafter, entire money has been transferred to the account of the Director-cum-Proprietor Santosh Kumar of the company and as such, he (Santosh Kumar) is the responsible person. Petitioner was only an agent in the company. Moreover, he has already left the job in the year 2017 itself and 'No Dues Certificate' has already been issued in his favour from the company. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 J.M. 1st Class, Motihari, East Champaran in connection with Tr. No. 299 of 2022, arising out of Complaint Case No. 2776 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T