Dilip Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44566 of 2023 Arising Out of PS. Case No.-346 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Dilip Kumar Sah Son of Laxman Prasad Resident of village - Kapripur, P.s. - Naviganj, Distt. - Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Nitu Devi Wife of Sanjay Kumar Resident of village - Katalpur, P.S. - Baikunthpur, Distt. - Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rahul Kumar For the informant :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

3. As per the prosecution case, this petitioner fraudulently took Aadhar card, ATM card, finger print of the complainant and transferred cash of Rs. 2,45,000/- from the account of complainant to his own account and other account.

4. It is submitted by the counsel for petitioner that petitioner denies the allegation and disputed the alleged amount claimed by the complainant. However, he admits that he has taken Rs. 46,000/-, out of which he has already paid Rs.

Patna High Court CR. MISC. No.44566 of 2023(3) dt.22-08-2023 2/2 16,000/-. Rest amount, petitioner is ready to pay Rs. 10,000/- at the time of furnishing bail bond before the court below through bank draft. Rest amount of Rs 20,000/- will be paid in two installments within a period of six months.

5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No. 346 of 2022 arising out of Complaint Case No. 2050(C) of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:- (i) petitioner will pay Rs. 10,000/- to the complainant at the time of furnishing bail bond before the court below through bank draft.

(ii) rest amount of Rs 20,000/- will be paid in two installments within a period of six months.

(Prabhat Kumar Singh, J) vinita/- U T