Patna High CourtCR. MISC./29992/2016bail granted

Sirazuddin Mian @ Sirauddin Mian v. The State Of Bihar

2016-07-29Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.29992 of 2016 (2) dt.29-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29992 of 2016 Arising Out of PS.Case No. -856 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sirazuddin Mian @ Sirauddin Mian, son of Hasim Ali, resident of village-Musahari, Kashi Mahto Tola, Police Station- Dhanaha, DistrictWest Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Zainul Abedin For the Opposite Party/s Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 29.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in complaint case in which cognizance has been taken under sections 420 and 504 of the Indian Penal Code. The accusation against the petitioner is that he took Rs one lakh from the informant on the assurance that he would sent him abroad but neither money was returned nor the complainant was sent to abroad.

From perusal of the statement recorded in the court below, I find that occurrence is said to have taken place between 20.3.2011 to 23.8.2014 and according to the S.A. of the complainant, petitioner took cash in question in the year 2011 but admittedly, present complaint case was filed in the year 2014 i.e. after three years of taking money.

Patna High Court Cr.Misc. No.29992 of 2016 (2) dt.29-07-2016 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Bagaha, West Champaran in Trial no. 3345/2015 arising out of Bagaha Complaint Case no. C 856/2014.

shahid (Hemant Kumar Srivastava,J) U T