Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24034 of 2015 Arising out of PS.Case No. -54 Year- 2014 Thana -SOHSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Rajesh Kumar, Son of Sri Jagdish Prasad, resident of village / Mohalla - Mogal Kuan, P.S. Soh Sarai, District - Nalanda. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar, Advocate. For the Opposite Party : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 The petitioner is languishing in custody since 07.04.2015 in connection with Soh Sarai P.S. Case No. 54 of 2014 for the offences instituted under Sections 406 and 420 of the I.P.C. Heard learned counsel for the petitioner, informant and learned counsel for the State.

The prosecution story, in brief, is that the informant and her brother as well as her Mausi had taken some policies of L.I.C. from the petitioner who happens to be agent of L.I.C. and the premium of all the policies were being paid by the mother of the informant regularly but later on it came to the knowledge of the informant that the petitioner is not depositing the premium of the policies and on getting status of the policies, the informant came

Patna High Court Cr.Misc. No.24034 of 2015 (2) dt.06-07-2015 2/3 to know that the petitioner had not deposited Rs. 74,715/- and the same had been grabbed by him. It is further alleged that on complaint the petitioner had accepted his guilt and assured the informant to deposit the said amount in future and he did not deposit the said amount and thus cheated the informant and others. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case due to mistake of fact. Further it is submitted that the petitioner has got no criminal antecedent. Annexures- 3 and 4 to the application are the cases instituted by the petitioner against the informant and his associates. It is further submitted that the petitioner is in custody since 07.04.2015. It is further submitted that the petitioner is ready to deposit amount of Rs. 15,000/- in the court below which may be subject to final disposal of the case.

On behalf of the State as well as the informant, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, it is directed that the petitioner to deposit Rs. 15,000/- in the court below which shall be subject to final disposal of the present case and on doing so, let the petitioner above named 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 the learned

Patna High Court Cr.Misc. No.24034 of 2015 (2) dt.06-07-2015 3/3 C.J.M., Nalanda at Bihar Shariff, in connection with Soh Sarai P.S. Case No. 54 of 2014.

U.K./- (Sudhir Singh, J) U T