Hindu Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25268 of 2024 Arising Out of PS. Case No.-233 Year-2020 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ======================================================

1. Hindu Lal S/O Mewalal

2. Soni Rai W/O Hindu Lal Both resident of Village Hirdaypur (Sarnath) P.S. Sarnath, District-Varanasi, State Uttar Pradesh. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Baby Devi W/O Tarkeshwar Singh, Resident of Village Bhabua Ward No.01, P.S.Bhabua, District Kaimur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarfraz Ahmad, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-11-2024 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Complaint Case No.233 of 2020, registered for offences punishable under Sections 120(B), 420, 406, 465, 467, 504, 509/34 of the Indian Penal Code, however, cognizance was taken under Section 406, 417, 504 and 120(B)/34 of the Indian Penal Code.

3. The complainant has filed a complaint petition under Sections 406, 417, 504 and 120B/34 of the Indian Penal Code alleging therein that she had deposited the required amount in lieu of allotment of land, however, she was cheated by the accused persons including the petitioners. The bail application was heard first on 01.05.2024 and no interim protection was granted to the petitioner, however, it appears from order dated 01.10.2024 that in view of the interim protection was granted to the petitioner, the same shall continue

Patna High Court CR. MISC. No.25268 of 2024(5) dt.20-11-2024 2/2 until the anticipatory bail application is finally adjudicated by the Court.

4. Today, learned counsel appearing on behalf of the petitioner seeks time and the complainant has also not appeared through his learned counsel. It has been recorded in the impugned order by the learned district court that the manner in which the Company has committed offence only leads to cheat the government by misappropriating the public money.

5. Considering the nature of allegation and the observation made by the learned district court on merits, I do not find proper to interfere in any manner. However, the learned district court is directed to call for the duly certified audit report of the Chartered Accountant and the minutes of the Board of Directors of the Company, namely, Shie City Real Estate Pvt. Ltd., Varanasi for verifying the amount received from the complainant has been entered into the audit report and take steps to pass appropriate order in accordance with law.

6. The present bail application accordingly stands disposed of.

(Purnendu Singh, J) chn/- U