Yogendra Prasad Singh @Yogendra Bhakt v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38205 of 2020 Arising Out of PS. Case No.-218 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== YOGENDRA PRASAD SINGH @YOGENDRA BHAKT S/o Gena Bhagat @ Gena Bhagat R/o- Village- Marar, P.O and P.S.- Bijayipur, DistrictGopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raju Prasad For the Opposite Party/s :

Mr. Ram Naresh Roy, APP For the Complainant :

Mr. Ram Pravesh Nath Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2021 Heard learned counsel for the petitioner learned APP for the State and learned counsel for the complainant through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present matter has been taken up out of turn on the mentioning slip filed on behalf of the petitioner stating therein that the son of petitioner died on 28.8.2021 and the petitioner has to perform the rituals in relation to death of his son. Let the mentioning slip filed on behalf of the petitioner be kept on record.

The petitioner is apprehending his arrest in a case

Patna High Court CR. MISC. No.38205 of 2020(2) dt.03-09-2021 2/3 registered under Sections 420 and 406 of the Indian Penal Code. The prosecution case, in short, is that on false assurance, the accused persons took money from the complainant by giving receipt but later did not return.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The allegation is that the complainant had deposited an amount of Rs. 2.25 lakhs with the petitioner. The said allegation is denied by the petitioner. It is further submitted that the petitioner is ready to deposit a sum of Rs. 50 000/- (fifty thousand) in the court below which shall be subject to the final disposal of the case.

On behalf of the State and the complainant, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, on deposit of a sum of Rs. 50,000/- (fifty thousand) in the Court below which shall be subject to final disposal of the cas e , the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned J.M. 1st Class,

Patna High Court CR. MISC. No.38205 of 2020(2) dt.03-09-2021 3/3 Gopalganj in connection with Complaint Case No. 218 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T