Dharmweer Kumar @ Dharamveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33156 of 2021 Arising Out of PS. Case No.-196 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== DHARMWEER KUMAR @ DHARAMVEER KUMAR Son of Fulchand Ram @ Fulchand Singh Resident of Village, P.O. and P.S.- Dobhi, DistrictGaya. In complaint case, address stated as Dharamweer Kumar Singh, Assistant Manager, Weird Infrastructure Corporation Limited, Gola Bazar, Pirpati Road, P.S. Sherghati, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Rajdeo Mistri Son of Jugeshwar Mistri Resident of Village- Kedli Kala, P.O.- Kedli Kala, P.S.- Hantar Ganj, District- Chatra (Jharkhand). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-11-2021 As prayed, learned counsel for the petitioner is permitted to add address of petitioner as given in the complaint petition in course of the day.

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Section 420 of the Indian Penal Code.

Informant has alleged in his complaint case that petitioner is employee in non-banking company, namely, Weird Infrastructure Corporation Limited having its head office in

Patna High Court CR. MISC. No.33156 of 2021(2) dt.01-11-2021 2/3 Allahabad and Branch at Gaya and on the request of co-accused Usha Devi he invested huge money in the company on the assurance that the money will be doubled within five years. Said deposits were made in the year 2011 and after five years when he demanded his money, he refused to give and also assaulted him. On 16.12.2014, the company left the place of business and fled away and when money was demanded from the petitioner, he refused to give the money, as such on such statement the court below took cognizance under Section 420 of I.P.C. and issued summons for their appearance.

It has been submitted on behalf of petitioner that he is innocent and was an employee of the non-banking company and he himself has suffered and he has no role to play in any misappropriation or defalcation of money of the unit holder who had purchased the debentures of the company It has been further submitted that similarly placed co-accused, namely, Dharmendra Kumar has already been granted anticipatory bail by this Court vide order dated 22.10.2021 passed in Cr. Misc. No. 28493 of 2021. Petitioner has no criminal antecedent. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below

Patna High Court CR. MISC. No.33156 of 2021(2) dt.01-11-2021 3/3 within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati, Gaya in connection with Complaint Case No. 196 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (S. Kumar, J) Rajiv/veenaU T