Sanjeev Kumar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7829 of 2016 Arising Out of PS.Case No. -428 Year- 2015 Thana -CHAPRA TOWN DistrictSARAN =====================================

1. Sanjeev Kumar Pandey, S/o Sri Tarkeshwar Nath Pandey, Senior Branch Head, IDBI Federal Life Insurance Company Ltd., 3rd Floor, Hotel Heritage, Municipal Chowk, Kachhari Road, P.S.- Town, District- Chapra, Saran- 841301. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shweta Singh, D/o Shri Rajeshwar Singh, Gandhi Chowk, P.S.- Chapra, District- Saran at Chapra. .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Dayanand Singh, Adv. For the Opposite Party/s : Mr. A. Dayal, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Chapra Town P.S. Case No.428 of 2015, disclosing offences under Sections 420, 467, 468, 469 and 471 of the Indian Penal Code.

The petitioner, at the relevant point of time, was

Senior Branch Head of IDBI Federal Life Insurance Company Ltd., Chapra. The allegation against him is that he induced the informant to deposit a sum of Rs.1,00,000/- in the fixed deposit with an assurance that the amount will become double within five years. The allegation against the petitioner is that after five years, when the informant wanted to have double of the amount, so invested by her, the petitioner asked her to read the bonds, relating to the investments, whereafter, she learnt that she had been cheated.

Learned counsel for the petitioner has submitted that no offence, under Section 467 or 468 of the Indian Penal Code, is made out against the petitioner, on the basis of allegation contained in the First Information Report. Learned counsel for the petitioner has further submitted that in any event, considering the status of the petitioner and the fact that the allegations are based on documents, there is no chance of tampering with the evidence or the petitioner fleeing away from the course of justice. In view of the submission, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S. Case No.428 of 2015, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T