Shatrughan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63161 of 2017 Arising Out of PS.Case No. -159 Year- 2017 Thana -MARHAURA District- SARAN ======================================================

1. Shatrughan Sharma, son of late Pannalal Sharma, resident of villageMirzapur, P.S.- Marhaura, District- Chapra, Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Maheshwar Prasad, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Marhaura P.S. Case No.159 of 2017 instituted for the offence under Section(s) 406, 420, 467, 468, 471 Indian Penal Code pending in the Court of the Judicial Magistrate, 1st class, Chapra, Saran. It is alleged in the complaint that the petitioner and other accused opened Non Banking Institution in the name of Kolkata Weir Industries Ltd. and induced different villagers to deposit money on the promise to give higher return in short period. The informant also believing on the statement of the petitioner with other villagers deposited money. It is alleged by the Complainant that he paid rupees fifty thousand to the

Patna High Court Cr.Misc. No.63161 of 2017 (4) dt.19-02-2018 2/3 petitioner on the assurance that he will get rupees five lac and one receipt was also handed over by the petitioner to the Complainant with assurance that he will give original paper after one month of the payment. The petitioner handed over the original paper to the Complainant on 10.12.2012 with assurance that after expiry of four years six months whenever the Complainant will require money, money will be refunded with interest.

It is further alleged that the Complainant required money for marriage of his daughter and went to the house of this petitioner with original papers and made demand of payment of the deposited amount. The petitioner became angry and said that accused no.3 is residing at Kolkata and money is with him and will be paid by him. The Complainant further alleged that office of the Non Banking Institution is closed for last two years. In this manner, there is serious allegation against the petitioner of cheating the Complainant and other villagers and running away after collecting huge amount of money. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Patna High Court Cr.Misc. No.63161 of 2017 (4) dt.19-02-2018 3/3 Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T