Bipin Kumar Singh @ Vipin Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1346 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- SC/ST District- Patna ====================================================== BIPIN KUMAR SINGH @ VIPIN KUMAR SINGH Son of Ram Janam Singh Resident of Mohalla- Ram Krishna Nagar, near Durga Mandir in front of House of Mithileshe Kumar Singh, P.O.- New Jaganpura, Police StationRam Krishna Nagar, District- Patna. ... ... Appellant/s
Versus
The State of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Anil Kumar Singh For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 12-04-2019 The appellant seeks pre arrest bail in connection with Special Case No. 96 of 2019 arising out of SC/ST P.S. Patna Case No. 11 of 2019, registered for offences punishable under Sections 406, 420, 504 and 506 of the Indian Penal Code and Section 3(i)(r)(s)/3(2)(va) of SC/ST Act.
Allegation as per the F.I.R. lodged by the informant is that she is posted as A.T.T. BSNL took a loan of Rs. Seven lakhs and the appellant who is also posted in BSNL as a temporary employee assured her that he will help her in getting loan and also assured that he will manage the loan amount and to stop the loan amount of cooperative and when appellant managed to get her loan approved, he took six cheques from the informant and withdrew the amount from her bank and on enquiry by the informant, he abused her by
Patna High Court CR. APP (SJ) No.1346 of 2019 dt.12-04-2019 2/2 caste name and also threatened her for dire consequences. It has been submitted on behalf of the appellant that out and out false and fabricated allegation has been levelled and according to F.I.R itself the cheques were signed by the informant and appellant had no occasion for the appellant to receive cheques from the informant and withdraw the amount. So far other allegation of abusing by caste name is concerned, the same is ornamental to make the case serious.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the appellant rather he should surrender before the Court below and pray for regular bail and if any such application is filed the court below shall dispose of the same on the basis of materials available on record, if possible on same day, without being prejudiced by the order of this Court.
Accordingly, this appeal is dismissed.
(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date