Anand Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.624 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Anand Bharti Son of Awadhesh Prasad Resident of Village- Gopalpur, P.S.- Belchhi, District- Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Mantu Devi, W/o Late Kishori Singh, Resident of village- MIG 1/20, Bahadurpur Housing, Bhuthnath Road, Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate.

Mr. Nilesh Kumar, Advocate.

Mr. Malay Chaudhary, Advocate.

For the Opposite Party/s :

Mr. Rajesh Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2019 The petitioner apprehends his arrest in connection with Mohiuddin Nagar P.S.Case No. 45 of 2018 registered under Sections 406 and 420 of the Indian penal Code. Allegation, as per FIR, against the petitioner is that informant had deposited money in Sahara India and on maturity, the same got reinvested but even after maturity, amount has not been returned.

Submission of learned counsel for the petitioner is that payment has already been made to the informant and she has received the same.

Heard learned APP also as well as learned counsel

Patna High Court CR. MISC. No.624 of 2019(3) dt.06-03-2019 2/2 appearing on behalf of the informant. It is submitted on behalf of the informant that petitioner has deposited the amount. Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, surrender before the court below within a period of six weeks from the date of receipt of a copy of this order, upon his surrender, the court below shall release the petitioner on provisional bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 45 of 2018. In the meantime, court below shall call upon the informant to verify the fact from her as to whether she has got the total amount received. If it is found that total amount has been paid to her, provisional bail granted to the petitioner shall be confirmed; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sujit/- U T