Rabindra Bihari @ Rabindra Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30854 of 2012 ======================================================

1. Rabindra Bihari @ Rabindra Bharti S/o Sri Bipin Bihari Karan C/O Sri Radhey Lal, New Alkapuri, Near Sanajy Kirana Store, P.S. - Gardanibagh, Distt. - Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sunil Kumar Dutta, Prop. M/S Shiven Enterprises, A/6A, Kankarbagh, Patna-20, P.S.- Kankarbagh, District- Patna

3. Manish Singhal, S/o O.P. Agarwal, Managing Director, M/s Telesia Chem & Food (India) Private Limited, 3rd Floor, Saran Chamber-II, 5 Park Roadk, Lucknow-226001.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md.Sufiyan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-02-2015 Heard learned counsel for the petitioner.

None is appearing on behalf of the complainant. The petitioner is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 420 of the Indian Penal Code.

It is alleged that the complainant gave Rs.

3,000,00/- to the petitioner for appointment as Super Distributor of the Firm of the petitioner namely M/S Telesia Chemical & Food (India) Private Limited, but neither the complainant was appointed as Super Distributor of the Firm nor the money was refunded.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.30854 of 2012 (9) dt.02-02-2015 petitioner that as the petitioner was Area Sales Manager of the M/s Telesia Chemical & Food (India) Private Limited and the money, if any, it was deposited in the account of the above company.

The petitioner is ready to make deposit of Rs. 1,000,00/- within a period of three months before the learned court below which will be invested by the learned court below in fixed deposit scheme which will be subject to the result of the case.

Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for three months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna, in connection with Complaint Case No. 2987(C) of 2010, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below after deposit of Rs. 1,000,00/-.

(Dinesh Kumar Singh, J) P.K./- U T