Dilip Kumar Diwakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41727 of 2021 Arising Out of PS. Case No.-63 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Dilip Kumar Diwakar S/O Late Anup Lal R/O Meena Niketan, Vijay Nagar, P.S-Town, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Anil Kumar Singh, Advocate For the Opposite Party :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-05-2022 Heard the parties.

The petitioner apprehends his arrest in connection with Complaint Case No. 63 of 2019 for the offences under Section 409/34 of the Indian Penal Code.

The allegation against the petitioner and other accused persons is that they have cheated general public by forming an active group of companies. The complainant claims that the petitioners and others have cheated more than Rs.71,00,000/- from the complainant.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner. This application for anticipatory bail is dismissed.

This kind of cheating general public cannot be

Patna High Court CR. MISC. No.41727 of 2021(2) dt.18-05-2022 2/3 permitted to do by the accused persons and some of them belong to West Bengal.

The Additional Superintendent of Police, Barh/SubDivisional Police Officer, Barh, Patna is directed to examine the records of Complaint Case No. 63 of 2019 and register an FIR for proper investigation into cheating committed by the Directors/Promoters of Active Group of Companies. Petitioner is directed to surrender in the court below within three weeks from today. If the petitioner does not surrender in the court below within the stipulated period, the Additional Superintendent of Police, Barh/Sub-Divisional Police Officer, Barh, Patna shall take all coercive steps for arrest of the petitioner and produce him before the court below for conclusion of the trial.

Pursuant to the direction of this Court, an FIR should be registered at the earliest and compliance report should be sent to this Court.

Let a copy of this order be communicated to the Additional Superintendent of Police, Barh/Sub-Divisional Police Officer, Barh, Patna for its compliance through FAX and e-mail forthwith.

Mr. Jharkhandi Upadhyay, learned APP for the State,

Patna High Court CR. MISC. No.41727 of 2021(2) dt.18-05-2022 3/3 is directed to communicate this order to the Additional Superintendent of Police, Barh/Sub-Divisional Police Officer, Barh, Patna through WhatsApp and on telephone immediately. (Sandeep Kumar, J) BT/- U T