Patna High CourtCR. MISC./2996/2017dismissed

Ramaiya Sahani v. State Of Bihar And ANR

2017-02-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2996 of 2017 Arising Out of PS.Case No. -748 Year- 2015 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Ramaiya Sahani, son of Jairam Sahani, resident of village- Bahadaura, Police Station- Siwan Muffasil, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mukesh Kumar Yadav, son of Mahatam Yadav, resident of villageRajghat, P.S.-Mirganj, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Sahni, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-02-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Complaint Case No.748 of 2015 instituted for the offence under Section(s) 420, 406, 467, 468 Indian Penal Code.

There is allegation in the Complaint Petition that this petitioner with another accused, Nand Kishore Yadav, took rupees one lac forty thousand for giving air ticket and VISA to the complainant and one Suga Yadav for going to Saudi Arabia. This petitioner with co-accused, Nand Kishore Yadav, provided VISA and air ticket to the complainant in Delhi and when the complainant and Suga Yadav reached airport, then his VISA and

Patna High Court Cr.Misc. No.2996 of 2017 (3) dt.06-02-2017 2/2 ticket were found to be forged. The complainant thereafter tried to meet this petitioner and another accused, but their mobile phones were found switched off and they became traceless. It has been submitted that the petitioner was ill on 14.10.2014. He has been falsely implicated in this case. From the written report, it appears that there is specific allegation of overt act against this petitioner. Anticipatory bail of co-accused, Nand Kishore Yadav, has already been rejected by a co-ordinate Bench of this Court by order dated 17.09.2016 vide Cr. Misc. No.35469 of 2016.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

JA/- (Sanjay Priya, J) U T