Domi Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23973 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -SIMRI BAKHTIARPUR District- SAHARSA ======================================================

1. Domi Sharma S/o Late Ghuran Sharma Resident of Village Belwara, P.S. Bakhtiyarpur (O.P. Kanariya), District Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 420, 406, 467, 468, 471, 341, 323, 504, 354 (B)/34 of the Indian Penal Code and Section 3(i) ( x ) of SC/ST(POA)Act. The prosecution case in, brief, is that as per FIR, the informant is an illiterate person. The accused including the petitioner went to him and told that he would give him double amount of one lac and told him to deposit money in the company, namely, Kisan Parivar Agro Farming Limited. The informant told him that he could not give the money as he had daughter of marriageable age. But on assurance, both the accused cheated rupees one lac. After one year he demanded money on which on 5.1.2015 he abused in the caste name. On protest he was assaulted.

Patna High Court Cr.Misc. No.23973 of 2015 (2) dt.06-07-2015 2/2 His wife Rekha Devi and daughter Kiran Kumari came to save him but they were also assaulted and torn the salwar etc. and threatened of life.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the finance company, in question nor the petitioner had any link with the investors in the said company. Further it is submitted that the petitioner is ready to deposit an amount of Rs. 15,000/- (fifteen thousand) in the court below, which shall be subject to final disposal of the case.

On behalf of the State it has been submitted that the petitioner is named in the FIR.

Considering the facts aforesaid, the above named petitioner is directed to deposit an amount of Rs. 15,000/- in the court below, which shall be subject to final disposal of the case and on doing so, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa in Bakhtiyarpur ( Kanariya O.P.) P.S.Case No. 70/2015. (Sudhir Singh, J) singh/- U T