Om Prakash Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32178 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -MEHDIGANJ District- PATNA ====================================================== Om Prakash Tiwary, son of late Chandradeep Tiwari, resident of Mohalla Hakimganj, P.S. Mehdiganj, Distt. Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Ranki Devi, wife of Shri Bhogi Saw, resident of Maharani Sthan, Meena Bazar, P.S. Alamganj, Distt. Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mehdiganj P.S. Case No. 14 of 2017, G.R. No. 570 of 2017 instituted for the offence under Sections 496, 420 and 120(B) of the Indian Penal Code.

It is alleged in the written report that petitioner was agent of Indus Weir Industries Limited. The informant deposited total Rs.40,000/- in the scheme of that company. The petitioner told the informant that money will be doubled in four years. Thereafter, the petitioner informed that company is going to be closed, and then he demanded Bond paper so that the money could be returned but the same has not been done.

It has been submitted that petitioner was agent of the

Patna High Court Cr.Misc. No.32178 of 2017 (2) dt.13-07-2017 2/2 aforesaid firm.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Mehdiganj P.S. Case No. 14 of 2017, G.R. No. 570 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna City, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T