Munna Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46154 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- BHORE District- Gopalganj ====================================================== MUNNA GUPTA S/o Parmanand Sah, R/o Village - Kharauni, P.s. - Mirganj, District - Gopalganj. At present - R/o Bharpatiya, P.s.- Bhorey, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyendra Rai For the Opposite Party/s :
Mr.Ram Anurag Singh Mr. J. N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as Mr. J. N. Thakur. the learned Additional Public Prosecutor for the State and the learned counsel for the informant. The petitioner apprehends his arrest in connection with Bhorey P.S. Case No. 59/2020 registered for offence punishable under sections 420, 406/34 of the Indian Penal Code. The FIR has been lodged on the basis of complaint petition filed by Reena Devi. The complainant is an illiterate and rustic lady. The petitioner, who happens to be Damad (son-
Patna High Court CR. MISC. No.46154 of 2021(5) dt.30-08-2022 2/3 in-law) of that village, contacted the complainant and assured her to facilitate the bank account in the scheme of Pradhanmantri Jan Dhan Yojna. The gotni of the informant also opened the bank account along with the informant, whereafter her ATM, SIM card, bank passbook were kept by the present petitioner and on different dates, he has withdrawn Rs.14,00,000/- from the bank account of the informant. The learned counsel for the petitioner has submitted that as a matter of fact, the informant wanted a piece of land from the present petitioner, to which he was not ready and it was the reason for his false implication in the present case. He has also submitted that ATM card and bank passbook are not given on the same day by the bank.
On the other hand, the learned counsel for the informant has submitted that the independent witnesses in paragraph nos. 7 and 8 of the case diary, have supported the entire occurrence. The learned APP has submitted that in paragraph 75 of the case diary, dates have been given, on which dates, the petitioner has withdrawn the money from the account of the informant. The investigating authority found the case true against the present petitioner and the charge-sheet has been submitted against him.
Patna High Court CR. MISC. No.46154 of 2021(5) dt.30-08-2022 3/3 Considering the above-mentioned facts and circumstances, in my view, it is not a fit case for anticipatory bail. Accordingly, it is rejected.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T