Raman Kumar Srivastava v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16579 of 2016 Arising Out of PS.Case No. -1731 Year- 2014 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Raman Kumar Srivastava Son of late Hari Shankar Prasad Srivastava resident of Village Shanti Nagar, Rajopatti , Ward no. 15, Police Station - Sitamarhi, District Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Shashi Bhushan Kumar Son of Ram Chandra Mahto resident of MohallaRing Bandh ward no. 17, Sitamarhi PS and District Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-07-2016 Heard learned counsel for the petitioner. Counsel for the opposite parties is not appearing despite service of notice. Petitioner is apprehending his arrest in Complaint Case No.C1-1731 of 2014 for the offences under Sections 406, 420, 506 of the I.P.C. and Section 138 of the Negotiable Instrument Act.

Learned counsel for the petitioner submits that the entire case is false and fabricated. It is further submitted that there were two helpers, namely, Shashi Bhushan Kumar and Manoj Kumar in the liquor business, which was started by the petitioner, to assist him. Shashi Bhushan Kumar being the complainant was

Patna High Court Cr.Misc. No.16579 of 2016 (4) dt.25-07-2016 2/3 first representative of the petitioner and Manoj Kumar being witness was the second representative of the petitioner in his business, for which the petitioner was holding licence granted by the Bihar State Biverages Corporation Ltd. under certain conditions. It is further submitted that for the alleged financial irregularities committed by the aforesaid two representatives the petitioner had already lodged a Complaint Case No.C-1 / 1684 / 2014 dated 11.09.2014 prior to lodging of the present complaint petition. It is further submitted that when the petitioner was conducting his business, he blindly and in good faith trusted and relied upon these two employees to whom he usually made over huge amount by way of cheque issued by the petitioner.

It is also submitted that the receipt of the complainant of H.D.F.C. Bank reveals that in fact he had received cheque for the said amount from the petitioner.

Patna High Court Cr.Misc. No.16579 of 2016 (4) dt.25-07-2016 3/3 bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri P.K.Lal, J.M. 1st Class, Sitamarhi, in Complaint Case No.C1-1731 of 2014 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U T