Umesh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17522 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== UMESH THAKUR S/O RAMLAKHAN THAKUR @ LAKHAN THAKUR Resident of Village- Choraut Utri WardNo.- 5, P.S.- Choraut, DistrictSitamarhi. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
BULANTI DEVI W/O RAM LAKHAN THAKUR @ LAKHAN THAKUR Resident of Village- Choraut North Ward No.- 5, P.S.- Choraut, DistrictSitamarhi. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Jha For the State :
Mr.Pawan Kumar Chaurasia For the O. P. No. 2 :
Mr. Mazharul Hasan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-05-2023 Heard learned Counsel for the petitioner, learned Counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor representing the State.
This application, for grant of anticipatory bail, arises out of Complaint Case No. 193 of 2022, in which cognizance has been taken for the offence punishable under Section 420 of the Indian Penal Code.
The allegation against the petitioner, as per the complaint filed by Opposite Party No. 2, is that the petitioner allured her mother-Opposite Party No. 2 and withdrew a sum of Rs. 21,93,732/- from the bank account of the complainant,
Patna High Court CR. MISC. No.17522 of 2023(2) dt.30-05-2023 2/3 which was deposited by the complainant upon receipt of the compensation amount towards the acquisition of her land by the National Highways.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the amount in question was withdrawn from her bank upon the withdrawal form signed by the complainant, who is the mother of the petitioner. He further submits that the petitioner has not committed any fraud and the signature of the complaint, i.e. mother of the petitioner, has not been disputed. Regards being had to the submissions advanced on behalf of petitioner and taking into consideration the fact that the petitioner is the son of the complainant and the withdrawal form has been signed by the complainant, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on 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, Pupri, Sitamarhi, in
Patna High Court CR. MISC. No.17522 of 2023(2) dt.30-05-2023 3/3 connection with Complaint Case No. 193 of 2022. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √