Md. Abbas Ali Haidar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14427 of 2016 Arising Out of PS.Case No. -129 Year- 2015 Thana -JAMUI District- JAMUI ====================================================== Md. Abbas Ali Haidar having LIC agent code No. 024260524 S/o Late Abdul Razaq, Resident of Mohalla- Chowkpurab, Purani Bazar, At P.O. & P.S.- Jamui, District- Jamui (Bihar) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Parijat Saurav For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in connection with Jamui P.S. Case No. 129 of 2015 corresponding to G. R. No. 764/2015 registered for the offences punishable under Sections 420, 120, 406, 467, 468, 470, 471, 323 and 504 of the Indian Penal Code. Allegedly, the petitioner being an agent of Life Insurance Corporation by taking several cheques from the complainant in his own name to deposit the same in the policy of the complainant and her family members cheated the complainant causing loss of Rs. 9,62,064/- and in Panchayati the petitioner executed a bond of Rs. 3,79,042/- on 03.03.2015 to return by
Patna High Court Cr.Misc. No.14427 of 2016 (3) dt.16-05-2016 2/3 15.04.2015, but he did not return and on demand, refused and started assaulting the complainant and her husband. Submission is of false implication and that during investigation vide paragraph 25 of the case diary, the manager has given details of the policy running in the name of the complainant and family members which are total 10 in numbers and out of those policies some after maturity were enchased in the account of the complainant and her family members and no dues with respect to premium of any policy has been reported. The petitioner without any fault is suffering in custody since 18.01.2016. The investigation is already complete and no fruitful purpose is going to be served by keeping the petitioner in custody. The learned A.P.
P duly assisted by learned counsel for the informant/complainant opposes the prayer of the bail by submitting that at the time of hearing of pre-arrest bail, the petitioner has agreed to pay the amount but thereafter he refused and then his prayer for pre-arrest bail was rejected. In reply, the learned counsel for the petitioner submits that the complaint and her family members have forcibly taken signature and that has been converted into a bond and this case is counter version of Jamui P. S. Case No. 109 of 2015.
Patna High Court Cr.Misc. No.14427 of 2016 (3) dt.16-05-2016 3/3 considering the detention of the petitioner and further chargesheet has already been submitted and there is no chance of tampering with prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No. 129 of 2015 corresponding to G. R. No. 764 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Mishra/- U T