Baleshwar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4506 of 2015 Arising Out of PS.Case No. -488 Year- 2014 Thana -WAJIRGANJ District- GAYA ======================================================
1. Baleshwar Prasad son of Late Chandradeo Mahto @ Chandradeo Prasad resident of village- Madar dih, P.S.- Wazirganj, Disrict- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Sinha, Advocate For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-05-2015 Heard learned counsel for the petitioner, learned counsel for the informant Afroj Bano and learned A.P.P. The petitioner apprehends his arrest in connection with Wazirganj P.S. Case No. 488 of 2014 for the offences punishable under Sections 419, 420, 467, 468, 471 of the Indian Penal Code.
The prosecution case is that the informant Afroj Bano, whose husband Md. Isteyak Ahmad died on 16.04.2010, she asked the petitioner, who was her co-villager to deposit Rs. 30,000/- in the account of her husband. When she went to withdraw the said amount, she was told by the Branch Manager that total amount of Rs. 36,460/- including interest had already been withdrawn, which she stated was obviously withdrawn by this petitioner. The informant has filed an affidavit before this Court stating therein that the petitioner has
Patna High Court Cr.Misc. No.4506 of 2015 (3) dt.20-05-2015 already returned the sum of Rs. 30,000/- which she has received and she does not want to pursue the matter. The counter affidavit filed by the informant is not on record. Let, it be placed on record. The said observation has been made on the basis of counter affidavit supplied by the informant. Under such circumstances, the above named petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 488 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Nilu Agrawal, J) P.K./- U T