Patna High CourtCR. MISC./26482/2015rejected

Vijay Kumar Saw @ Vijay Kumar Sah v. The State Of Bihar

2015-07-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26482 of 2015 Arising Out of PS.Case No. -678 Year- 2012 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Vijay Kumar Saw @ Vijay Kumar Sah Son of Bhulan Prasad @ Bhulan Sah resident of village- Bakhari, Police Station- Rajapakar, DistrictVaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Anil Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Hajipur Town P.S. Case No. 678 of 2012 registered for the offence under Section-420 of the Indian Penal Code. Petitioner is named in the first information report and admittedly, the amount withdrawn from the account of the informant, was credited in the account of the petitioner. The contention on behalf of the petitioner is that as a matter of fact, one Nikita Kumari replaced the ATM of the petitioner, when the wife of the petitioner had gone to withdraw money from ATM and for which, the wife of the petitioner filed

Patna High Court Cr.Misc. No.26482 of 2015 (2) dt.17-07-2015 2/2 complaint case bearing Complaint Case No. 4073 of 2012 which was converted into Hajipur Town P.S. Case No. 04 of 2013 and after investigation, police has submitted charge sheet in the aforesaid case.

Regard being had to the facts and circumstances of the case as well as submission of the parties; I am not inclined to extend the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Hajipur Town P.S. Case No. 678 of 2012 pending in the court of Chief Judicial Magistrate, /concerned court, Vaishali at Hajipur stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T