Patna High CourtCR. MISC./1311/2015bail granted

Vishwanath Manjhi v. The State Of Bihar

2015-01-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.1311 of 2015 (2) dt.16-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1311 of 2015 Arising Out of PS.Case No. -1208 Year- 1996 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Vishwanath Manjhi, son of Ramnand Manjhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Kant For the Opposite Party/s : Mr. Iftekhar Mahmood (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-01-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 1208 of 1996 in which cognizance has been taken for the offences punishable under Sections 467, 468, 471, 420 of the Indian Penal Code.

The accusation against the petitioner is that he introduced himself as agent of Bihar State Land Development Bank, Branch-Marhoura and got signature of the complainant on some papers for sanction of loan but later on, complainant came to know that the loan was sanctioned in her name but she never got any loan amount.

Patna High Court Cr.Misc. No.1311 of 2015 (2) dt.16-01-2015 Admittedly, the aforesaid complaint case was filed in the year 1996 for the alleged occurrence which had taken place in the year 1986. The cognizance for the offences was taken on 25.02.1997 and processes were issued against the petitioner but from perusal of entire order sheets of the lower court, I find that no process was ever served upon the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran in Complaint Case No. 1208 of 1996 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T