Dharamvir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30111 of 2015 Arising Out of PS.Case No. -239 Year- 2012 Thana -GOGRI(Poura) District- KHAGARIA ====================================================== Dharamvir Kumar, S/o Sri Siyaram Singh, Resident of Village- Chhoti Pasraha, P.S.-Pasraha, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner : Ms. Anjana Bhagat, Advocate. For the Opposite Party : Mr. Awadhesh Kr.Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Gogri (Poura) P.S. Case No.239 of 2012 for allegedly having committed the offence under Section 406 of the Indian Penal Code.

Learned counsel for the petitioner submits that even if the allegation made against the petitioner is taken to be true, at best he can be roped in for taking an amount of Rs.1,25,000/- and not the amount as stated in the F.I.R. It is further submitted on behalf of the petitioner that the aforementioned amount was deposited in his account as he has disclosed his account number to one Ramesh Mandal, who was

Patna High Court Cr.Misc. No.30111 of 2015 (3) dt.15-10-2015 2/2 also functioning at Bhopal as an Army man and the petitioner is also an Army man and till date he is performing his duties. It is submitted on behalf of the petitioner that the petitioner is willing and ready to deposit the aforementioned amount of Rs.1,25,000/- in the court below, subject to the result of this case.

Considering the aforementioned offer made by the petitioner and also he is a responsible officer of the Army, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Shri Prashant Kumar, learned Judicial Magistrate, Khagaria, in connection with Gogri (Poura) P.S. Case No.239 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T