Binod Kumar Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.20207 of 2016 (3) dt.27-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20207 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -BIHIYA District- BHOJPUR ====================================================== Binod Kumar Gupta Son of Shyam Lla Gupta @ Shyam Lal Sah Resident of Village- Bagahi POlice Station Bihiya, District Ara .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajiva Ranjan, Advocate For the Opposite Party : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bihiya P.S. Case No. 28 of 2016 for the offences instituted under Sections 406 419, 420,471 and 504/34 of the Indian Penal Code.

The prosecution case is that the petitioner induced the complainant/informant to deposit her savings in a non-banking finance company and assured her that he would make payment of the deposited amount if the company failed to do so within time. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Petitioner happened to be the agent

Patna High Court Cr.Misc. No.20207 of 2016 (3) dt.27-06-2016 of the finance company, where the informant had deposited Rs.36,000/-. Subsequently, the company closed down and the informant could not get her money back. No wrongful gain has been made on the part of the petitioner. It is further submitted that the petitioner is ready to deposit an amount of Rs.18,000/- in the court below which may be released in favour of the informant. On behalf of the State, 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 shall deposit an amount of Rs.18,000/- in the court below which shall be released in favour of the informant and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Bihiya P.S. Case No. 28 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur, Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T