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Patna High CourtCR. MISC./2821/2015rejected

Hareshwar Singh And ANR v. The State Of Bihar

2015-05-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2821 of 2015 Arising Out of PS.Case No. -78 Year- 2013 Thana -AMNAUR District- SARAN ======================================================

1. Hareshwar Singh, Son of Late Ram Niwas Singh.

2. Neelam Devi, Wife of Hareshwar Singh.

Both resident of Village-Dharaharakala, P.S.-Amanaur, District-Saran (Chapra).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajeet Kumar, Advocate For the Opposite Party/s : Mr. M. Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-05-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application seeking anticipatory bail in connection with Amanaur P.S. Case No. 78 of 2013, pending before learned Chief Judicial Magistrate, Saran at Chapra, registered for the offences punishable under Sections 420, 407, 468, 471, 406, 409 and 120(B) of the Indian Penal Code. Against petitioner no. 1, there is allegation that he misappropriated a sum to the tune of Rs. 18,00,000/- which he received in his capacity as the Postmaster and issued forged passbooks and receipts to the depositors. So far as petitioner no. 2 is concerned, who is the wife of petitioner no. 1, this is not in dispute that she was a R.D. Agent and she also received

Patna High Court Cr.Misc. No.2821 of 2015 (3) dt.14-05-2015 2/2 money from the depositors in that capacity which was not deposited in appropriate account and, thus, misappropriated. Having regard to the facts and circumstances of the case, I am not inclined to grant them the privilege of anticipatory bail. This application is, accordingly, rejected. Both the petitioners are directed to surrender before the court below within a period of six weeks from today. If they do so and seek regular bail, their prayer shall be considered on its own merit without being prejudiced by rejection of present anticipatory bail application.

(Chakradhari Sharan Singh, J) Praveen-II/- U T