Abhishek Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55273 of 2017 Arising Out of PS.Case No. -695 Year- 2016 Thana -KANKARBAGH District- PATNA ====================================================== Abhishek Dubey, S/o Sri Nagendra Dubey, R/o Munna Chak, P.S.- Patrakar Nagar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 27-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kankarbagh P.S. Case No.695 of 2016 registered under Sections 447, 504, 506, 406, 420 and 120B of the Indian Penal Code read with Section 138 of the N.I. Act.

The accusation is that Rajiv Saraf, Kisan Lal Saraf, Ajay Saraf and this petitioner alongwith others, named in the F.I.R., came at the company, namely, Gramin Infotech Private Limited, of the informant Gajanand Pandey and asked the informant to invest some money in Rishikul Institute ran by them. Thereafter, the informant paid Rs.90,00,000/- through cheques on their

Patna High Court Cr.Misc. No.55273 of 2017 (2) dt.27-11-2017 2/3 assurance that the benefit on high interest would be paid to him but neither the benefit was given nor the money was returned to the informant. On repeated demand, the cheque was issued but, on presentation in the Bank, the same was bounced. When the informant went to the office of Rishikul Institute, he was threatened by all the accused, named in the F.I.R., including the petitioner, at the point of pistol, knife and iron rod. Learned counsel for the petitioner submits that, in fact, the Rishikul Institute is being run by Rajiv Saraf, who is the Director of the said Institute. The petitioner is simply teacher in the Rishikul Institute but he has also been falsely implicated in this case.

Further submission is that Rajiv Saraf, who is said to be the Director of the Rishikul Institute and issued cheque in favour of the informant, has already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 17.10.2017 passed in Criminal Misc. No.48992 of 2017. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.55273 of 2017 (2) dt.27-11-2017 3/3 Smt. Madhvi Singh, Judicial Magistrate, First Class, Patna, in connection with Kankarbagh, P.S. Case No.695 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T