Manoj Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16563 of 2024 Arising Out of PS. Case No.-1728 Year-2020 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== MANOJ KUMAR CHAUDHARY SON OF SRI KAMTA CHAUDHARY RESIDENT OF SRI GANESH DATT NAGAR, ROAD NO.2, BHAGWANPUR, P.S. - SADAR, DISTRICT - MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Verma For the Opposite Party/s :
Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-03-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 323 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and at the time when the alleged occurrence is said to have taken place was a Branch Manager of Sahara India, Karja Branch, Muzaffarpur. It is next submitted that the complainant alleges that he invested Rs. 8 Lakhs on 10.01.2010 with Sahara on an assurance that he will get Rs. 7,000/- per month by way of interest which shall be deposited in his R.D. account, further 14 R.D. accounts were
Patna High Court CR. MISC. No.16563 of 2024(2) dt.28-03-2024 2/3 opened with an assurance that Rs. 500/- shall be deposited in all the accounts monthly, but then neither passbook was issued nor any document was given to the complainant. It is also alleged that even the monthly interest was not being credited in the R.D. account regularly for which a legal notice was also sent on 09.08.2020, as such, it is alleged that the complainant was cheated. The learned counsel submits that the investment as per complainant was made in the year 2010 and the complaint case came to be instituted in 2020. It is also submitted that the complainant has filed a case before the District Consumer Forum, Muzaffarpur for recovering his dues amount.
It is next submitted that the case is pending adjudication before the learned District Consumer Forum, Muzaffarpur. It is next submitted that in the event if the complainant is not able to prove his case before the learned District Consumer Forum whether it would be prudent to send the petitioner to jail at this stage and in the event if the case is allowed, the complainant shall be compensated.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.16563 of 2024(2) dt.28-03-2024 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 1728 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T