Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57134 of 2017 Arising Out of PS.Case No. -190 Year- 2013 Thana -BENIPATTI District- MADHUBANI ====================================================== Raj Kumar Mahto, S/o Late Sitai Mahto, R/o Village- Khirhar, P.S.- Khirhar, District- Modhubani. At prsent Block co-Coordintor Khirhar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2017 Heard both sides.

The petitioner apprehends his arrest in connection with Benipatti P.S. Case No. 190 of 2013, registered for the offences punishable under Sections 419, 420, 467, 468, 471, 406 and 120(B) of the Indian Penal Code.

The informant alleged that she deposited premiums of different insurance policy. There is allegation against the petitioner that the informant gave Rs. 700/- to Raj Kumar Mahto, the petitioner, and in lieu thereof, the informant received pass book and bond paper. Again the informant gave Rs. 8,100/- to the petitioner for renewal of the policy, but the petitioner did not hand over the bond papers. In the meanwhile, in place of the petitioner, one Mr. Arun Kumar Jha came and the aforesaid bond papers were not handed over to the informant.

Patna High Court Cr.Misc. No.57134 of 2017 (2) dt.18-12-2017 2/2 Learned counsel for the petitioner submits that the petitioner received Rs. 8,100/- from the informant and there is no allegation that he defalcated any amount. He has further submitted that the petitioner is ready to return the said amount of Rs. 8,100/- to the informant within a period of one month after his release on anticipatory bail. Considering the facts aforesaid, the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Benipatti, Madhubani, in connection with Benipatti P.S. Case No. 190 of 2013, subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code.

It is made clear that if the petitioner fails to return the amount of Rs. 8,100/- to the informant, within a period of one month after his release from the date of his surrender or arrest, the learned court below shall cancel the bail bond of the petitioner forthwith.

Praveen-II/- (Prabhat Kumar Jha, J) U T