Ainul Abedin @ Md. Ainul Abdin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80232 of 2018 Arising Out of PS. Case No.-2112 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Ainul Abedin @ Md. Ainul Abdin S/o Late Md. Samsul Abdin, resident of village-Puraini, P.O-Puraini Mina Bazar, P.S-Jagdishpur, District-Bhagalpur. ... ... Petitioner/s

Versus

1. State Of Bihar and Anr

2. Md. Saiful Islam S/o Salauddin Haider R/o-Puraini Kazidara,P.SJagdishpur,Distt.-Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Complaint Case No. 2112 of 2016, disclosing offences punishable under Sections 406, 417, 465, 420, 504, 34 of the Indian Penal Code.

Allegedly, the accused person fraudulently obtained money for social welfare society, a non-banking company, in Bhagalpur, under the allurement of high returns against the deposited amount and subsequently caused misappropriation thereof.

Several cases have been filed against the accused

Patna High Court Cr.Misc. No.80232 of 2018(2) dt.22-01-2019 2/3 persons. The petitioner is said to be the father of Shaharyar Abdin, who it is alleged was actively involved in managing the affairs of the company.

Learned counsel for the petitioner has submitted that only to put undue pressure, the complainant has implicated the petitioner also since he is the father of the main accused. It has also been submitted that there is no allegation, that the petitioner had received any amount from any person and he has just been described as an agent of the company.

Considering the submission, as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Bhagalpur in connection with Complaint Case No. 2112 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to

Patna High Court Cr.Misc. No.80232 of 2018(2) dt.22-01-2019 3/3 appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T