Narendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13700 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== NARENDRA KUMAR S/O BIRENDRA PRASAD R/o mohalla- Bhaisasur, P.S.- Laheri, district- Nalanda A/P Branch Manager, Sahara Credit Cooperative SOciety Ltd. Nai Sarai, P.S.- Bihar, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RUBI DEVI W/O SATYENDRA PRASAD R/o- Ramchandrapur, Gandhi Nagar, P.S.- Laheri, district- Nalanda 3.

DEVENDRA KR. SHRIVASTAVA, CHAIRMAN SAHARA CREDIT COOPERATIVE SOCIETY LTD. AT SAHARA INDIA BHAWAN,1, KAPOORTHALA COMPLEX, ALIGANJ, LUCKNOW (U.P.)-226024. 4.

SUDHIR KR. SHRIVASTAVA, VICE CHAIRMAN, SAHARA CREDIT COOPERATIVE SOCIETY LTD. AT SAHARA INDIA BHAWAN,1, KAPOORTHALA COMPLEX, ALIGANJ, LUCKNOW (U.P.)-226024. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP Mr.Anil Chandra, Adv.

Mr.Amit Kumar, Adv.

Mr.Naresh Prasad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. Nos.2, 3 and 4 and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406, 420 of the IPC. 3.

As per the F.I.R., the complainant has alleged that petitioner being the Branch Manager of Sahara Credit Co operative Society Ltd. on the pretext of giving benefits under the schemes of the Company, convinced her to deposit amount

Patna High Court CR. MISC. No.13700 of 2023(7) dt.09-10-2023 2/3 in the said Company. It is alleged that on completion of the maturity date, when the complainant requested to refund the amount, then no satisfactory answer was given. It is alleged that the petitioner and others have cheated her by giving false assurance and misappropriated an amount of Rs.1,81,000/-. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The petitioner was working as Branch Manager under the Guidelines and control of Sahara India Commercial Corporation Ltd. and he never visited the house of the complainant. Petitioner has no criminal antecedent. 5.

Learned APP for the State as well as learned counsels for the O.P. Nos.2 to 4 opposed the prayer for bail and by way of filing a counter-affidavit, it is stated at para-11 that the O.P. Nos.3 and 4 have no role in the present case and the O.P. No.2 has already registered her grievance on the portal created and operated by the Central Government in the light of the orders of the Hon'ble Supreme Court and the same is in the process of redressal and this fact is not denied by the learned counsel for the O.P. No.2.

Patna High Court CR. MISC. No.13700 of 2023(7) dt.09-10-2023 3/3 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.186 C/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T