Patna High CourtCR. MISC./30163/2017rejected

Bishwanath Sah v. State Of Bihar And ANR

2017-10-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30163 of 2017 Arising Out of PS.Case No. -445 Year- 2016 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Bishwanath Sah, Son of Late Rajendra Sah, resident of Gerabari Bazar, Police Station - Korha, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Upendra Choudhary, Son of Musaharu Choudhary, resident of Korha, Police Station- Korha, District- Katihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratnakar Ambastha For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-10-2017 Heard both sides.

The petitioner apprehends his arrest in C.A. Case No. 445 of 2016, registered for the offences punishable under Sections 406, 420, 120(B) and 34 of the Indian Penal Code. The complainant alleged that the petitioner being the Managing Director of Lakshaya Life Sciences Pvt. Ltd. persuaded the complainant to deposit Rs. 1000/- for five years on assurance that after completion of five years the complainant would get Rs. 1 lakh. The petitioner also assured the complainant that if the complainant persuaded the others to deposit Rs. 2100/- for five years he would get Rs. 2 lakhs. The complainant and others

Patna High Court Cr.Misc. No.30163 of 2017 (4) dt.04-10-2017 deposited money but, thereafter the company was closed and the petitioner is said to have fled away.

Learned counsel for the petitioner submits that the petitioner, himself, is a victim and he filed complaint case against the company but it appears that it was the petitioner who persuaded the complainant and others to deposit money and no money was paid to the complainant after maturation. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) KKSINHA/- U T