Madhukant Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33059 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Madhukant Chaudhary Son of ram Ishwar Chaudhary @ Shiva Chaudhary Resident of Village- Majhauli, P.S- Bidupur, Dist- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar , Advocate Sunil Kumar , Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 120B, 467, 468, 471, 420, 409, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, on the assurance given by the accused persons, including this petitioner, the informant's son, daughter, and son-in-law have deposited money in a fixed deposit on several dates, and certificates for the same have been issued in their names, as mentioned in the F.I.R. It is further alleged that when the informant and others requested to make
Patna High Court CR. MISC. No.33059 of 2024(3) dt.28-06-2024 2/3 payment of the maturity amount, the accused persons refused to pay the same and thus, they cheated and grab their money .
4. Learned counsel for the petitioner submits that entire allegation made in the complaint petition is false and fabricated and petitioner has been falsely implicated in this case. Petitioner neither received any money nor issued any certificate to anyone . However, without admitting the allegation made in the F.I.R., the petitioner is ready to deposit Rs. 2,00,000/- (Rupees two lacs ) in easy installments in the Nazarat of the Civil Court, Vaishali.
5. Considering the aforesaid submission made on behalf of the petitioner, this anticipatory bail is allowed. Let the above named petitioner in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Rajapakar (Baranti) P.S. Case No.199 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, with further following conditions:- "(A) At the time of furnishing bailbond , the petitioner shall deposit Rs. 50,000/- (Rs. Fifty Thousand) in the Nazarat of Civil Court, Vaishali .
Patna High Court CR. MISC. No.33059 of 2024(3) dt.28-06-2024 3/3 (B) Rest amount i.e. Rs. 1,50,000/- (Rs.
One lac fifty thousand) shall be deposited in the Nazarat of Civil Court, Vaishali in three installments i.e,. Rs. 50,000/- each within a period of twelve months from the date of furnishing bail-bond.
(C) The aforesaid payment shall be subject to final outcome of the case .
(D) If petitioner fails to comply the direction of this Court, the learned Court below would be at liberty to cancel the bail-bond of the petitioner."
6. This order has been passed, without going into the merit of the case, only for the purpose of consideration of prayer for anticipatory bail of petitioner.
(Prabhat Kumar Singh, J) Koushik/Namita - U T