Dharmendra Mandal And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53018 of 2016 Arising Out of PS.Case No. -2081 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Dharmendra Mandal, Son of late Balram Mandal

2. Pramod Mandal, Son of Chhedi Mandal

3. Sunil Mandal@Arvind Mandal, Son of Chhedi Mandal

4. Gopal Mandal, Son of Chhedi Mandal

5. Ramanand Mistri, Son of Ramdeo Mistry, All Residents of Balia, P.S. Rupouli(Mohanpur), District Patna .... Petitioners

Versus

1. The State of Bihar.

2. Chhatu Prasad Sharma, Son of late Bhushan Sharma, Resident of Village Arajpur Sonbersa P.S. Chausa District Madhepura .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ram Prawesh Kumar, Adv. For the State : Mr. Sunil Kumar Pandey, APP 141 For the complainant : Mr. Bijendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code.

According to complaint petition, the complainant and some other consumers deposited money to get better return in a non-financial institution as Bajrang Vikas Samiti. They deposited money on the persuation of the petitioners, who were agents of the Company.

Submission of the petitioners is that the petitioners had themselves deposited money in the same institution and they were also cheated as the Company fled away. Their contention is that in bonafide belief they deposited money in the Company and the real cheater is Company, who is not accused in this case. The learned counsel for the complainant opposed the

Patna High Court Cr.Misc. No.53018 of 2016 (4) dt.28-01-2017 2/2 prayer for bail.

Considering the aforesaid fact, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 2081 of 2015 to the satisfaction of Sri. P.K. Bharti, Judicial Magistrate, 1st Class, Purnea, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √