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Patna High CourtCR. MISC./35152/2016rejected

Vijay Kumar Yadav v. The State Of Bihar

2016-09-07Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35152 of 2016 Arising Out of PS.Case No. -34 Year- 2015 Thana -DURAULI District- SIWAN ====================================================== Vijay Kumar Yadav, Son of Sri Shradhanand Yadav, Resident of Vishwaniya thana, Darauli, District Siwan.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anurag Saurav, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2016 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Darauli P.S. Case No. 34 of 2015, registered under Sections 420 and 406 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Siwan.

The accusation is that informant, who is an illiterate lady, handed over her ATM Card to the petitioner for withdrawing of Rs. 25,000/- Thereafter, petitioner gave Rs. 25,000/- and the said ATM card to the informant. When son of the informant came at house and verified the account then it was found that Rs. 95,020/- was withdrawn by this petitioner instead of Rs. 25,000/-, which was instructed by the informant. Having considered the facts and circumstances of the

Patna High Court Cr.Misc. No.35152 of 2016 (2) dt.07-09-2016 2/2 case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T