Rekha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10654 of 2016 Arising Out of PS.Case No. -255 Year- 2015 Thana -KASBA District- PURNIA ======================================================
1. Rekha Devi W/o Ramlal Rai R/o Village- Lakhna P.S.- Kasba DisttPurnea.
2. Jyotish Roy alias Jayotish Sah alias Jagdish Rai S/o Late Uttam Lal Sah Resident of Village- Bochgaon, P.S.- Jalal Gadh District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-03-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
The prosecution case is that the petitioners persuaded the informant and her husband to invest in a non-banking financial company namely Prayag info-Tech High Rise Limited but on the death of the husband of the informant the amount was not paid and the amount to the tune of rupees fourteen thousand four hundred has been misappropriated.
Patna High Court Cr.Misc. No.10654 of 2016 (2) dt.10-03-2016 2/3 It is submitted by the learned counsel for the petitioners that out of rupees fourteen thousand four hundred, six thousand rupees have been paid and the petitioners are ready to pay the balance amount of rupees eight thousand four hundred within a period of three weeks. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. The petitioner is simply an agent of the aforesaid company and admittedly, the money was deposited with the alleged non-banking financial company.
Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for two months in the event of arrest or surrender before the learned Court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM V, Purnea in connection with Kasba P.S. Case No.255 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. The provisional bail of the petitioner shall be confirmed by the learned court below on verification of the fact that the petitioners have returned rupees fourteen
Patna High Court Cr.Misc. No.10654 of 2016 (2) dt.10-03-2016 3/3 thousand four hundred to the informant.
(Dinesh Kumar Singh, J) Anil/- U T