Anuj Kumar Gupta And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6101 of 2016 Arising Out of PS.Case No. -746 Year- 2015 Thana -KATIHAR District- KATIHAR ======================================================
1. Anuj Kumar Gupta S/o Late Dwarika Prasad
2. Neelu Devi @ Neelu Kumari W/o Anuj Kumar Gupta
3. Richa Kumari D/o Anuj Kumar Gupta
4. Mahanthi Ram S/o Asharfi Ram All residents of Mohalla - Laliyahi, P.S. - Katihar (Sahayak), District - Katihar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Ganesh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406,420,341,323 and 506/34 of the Indian Penal Code. The prosecution case is that petitioner no. 1 Anuj Kumar Gupta being an agent of Virgin Financial Advisor Ltd., a non-banking financial company collected money from different investors and deposited in the company but in spite of the maturity of the investment scheme, the maturity amount was not paid.
It is submitted by the learned counsel for the
Patna High Court Cr.Misc. No.6101 of 2016 (2) dt.08-02-2016 2/3 petitioners that petitioner no. 1 was simply a collecting agent of the company. Petitioner nos. 2 to 4 are family members of petitioner no. 1 and they have been maliciously roped in the present case. At earlier point of time the petitioner no. 1 filed Katihar Town P.S. Case No. of levelling accusation under sections 406,420,467,468 and 471 IPC against the management of the alleged financial company whereas petitioner no. 2 (wife of petitioner no. 1) lodged Katihar (Sahayak) P.s. Case No. 738 of 2015 levelling accusation under sections 341,323,379,448,354 and 504 IPC against Mahendra yadav, husband of the informant and others whereas the present FIR was registered on 8.12.2015 for the occurrence of 30.11.2015. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the case lodged by the petitioners side at earlier point of time, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Katihar
Patna High Court Cr.Misc. No.6101 of 2016 (2) dt.08-02-2016 3/3 in connection with Katihar (Sahayak) P.S. Case No. 746 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T