Praween Kumar @ Praveen Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36523 of 2015 Arising Out of PS.Case No. -171 Year- 2015 Thana -GAYA KOTWALI District- GAYA ====================================================== Praween Kumar @ Praveen Kumar Sinha, Son of Late Mahesh Chandra Mani, resident of Village- Khataka Chak Maranpur, P.S.- Civil Line, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-07-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Kotwali P.S. Case No.171 of 2015 (G.R. No.2112 of 2015) for allegedly having committed the offence under Sections 406 and 420 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Gaya. Case diary in the present case was called for, which has since been received.

The allegation against the petitioner is that he, as a Branch Manager along with other Agents, had defrauded the informant by taking money from him and giving certain receipts. The informant having been lured into taking debenture

Patna High Court Cr.Misc. No.36523 of 2015 (9) dt.25-07-2016 2/3 from the Company, namely, Weird Infrastructures Corporation Limited, realized thereafter, that a fraud had been perpetuated and that the money which had been deposited by him was not likely to be recovered. The office of the aforementioned Company was also closed and the petitioner's whereabouts could not be known thereafter.

Learned counsel for the petitioner, however, submitted that the petitioner had not issued any receipt and the money in question was deposited in the Bank, namely, the Punjab National Bank. However, learned counsel is unable to bring anything on the record that the Branch Manager in question had not himself taken the money, rather the same had been deposited in the Bank.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that there is sufficient material in the case diary to show that the petitioner was, in fact, the person who had been functioning as a Branch Manager of the Weird Infrastructures Company Limited and subsequently, he disappeared and the office was found shut. It has further come on record that other cases of similar nature have also been lodged against the present petitioner, bearing Kotwali P.S. Case No. 172 of 2015, and the same is still

Patna High Court Cr.Misc. No.36523 of 2015 (9) dt.25-07-2016 3/3 pending against him.

Considering the aforementioned facts and circumstances and that the petitioner has defrauded several investors, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) PNM U T