Vidyarthi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15659 of 2019 Arising Out of PS. Case No.-316 Year-2009 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== VIDYARTHI RAM Son of Haricharan Ram, resident of Village-Langtu Hatta, P.S.-Manjhagarh, District-Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saiyad Aajad Ahmed S/O- Late Saiyad Mohammad Abbas R/o- VillageMadhopur, P.S.- Barharia, Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 316 of 2009, disclosing offences under Section 406/420 of the Indian Penal code. Allegation against the petitioner is of taking Rs. 85,000/- from the complainant for providing job to his son and thereafter, he neither provided job nor returned the money, as such, he cheated the complainant.

Submission of learned counsel for the petitioner is that he is still ready to return the money if sufficient time is given to the petitioner.

Heard learned A.P.P. also, who has pointed out that the impugned order itself shows that process under Section 82

Patna High Court CR. MISC. No.15659 of 2019(3) dt.02-05-2019 2/2 of the Cr.P.C. has already been exhausted against the petitioner. Having heard both sides, in view of the facts and circumstances as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner should surrender and make prayer for regular bail and also made such proposal before the court below that he is ready to pay the amount even on some installments, the court below shall consider the aforesaid aspects of the matter while passing an order, if possible, on the same day.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/SKSuman.

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