Monu Kumar @ Dharmendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.55637 of 2016 (3) dt.03-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55637 of 2016 Arising Out of PS.Case No. -310 Year- 2015 Thana -ARA NAWADA District- BHOJPUR ====================================================== Monu Kumar @ Dharmendra Kumar, Son of Shri Kant Singh, Resident of Village- Pakari, P.S.- Fatehpur, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2017 Learned counsel for the petitioner is permitted to make correction in para 3 of the bail petition.

Heard both sides.

The petitioner seeks bail in Ara Nawada P.S. Case No. 310/2015, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The informant alleged that while she had gone to withdraw money from A.T.M. card, one unknown person took her A.T.M. card on the pretext of withdrawing money, but that person disclosed that no money is available in the A.T.M. and he handed over the A.T.M. card to the informant, but that person exchanged A.T.M. card on which the name of Bindeshwari Prasad Yadav was there. The informant came to know that Rs. 2,00,000/- was

Patna High Court Cr.Misc. No.55637 of 2016 (3) dt.03-03-2017 withdrawn from her account.

Learned counsel for the petitioner submits that on the basis of C.C.T.V. footage one Vinay Kumar Bharti @ Mithilesh Kumar and Monu Kumar @ Dharmendra Kumar were remanded in Sussand P.S. Case No. 286/2015. It is submitted that the petitioner was not put on Test Identification Parade. On the basis of the confessional statement of the petitioner, co-accused Vinay Kumar Bharti @ Mithilesh Kumar has already been granted bail vide order passed in Cr. Misc. 52558/2016. The case of the petitioner stands on the same footing as that of Vinay Kumar Bharti @ Mithilesh Kumar.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Ara in connection with Ara Nawada P.S. Case No. 310/2015.

(Prabhat Kumar Jha, J.) Vinita/- U T