Bindeshwari Mohli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42148 of 2019 Arising Out of PS. Case No.-111 Year-2013 Thana- DHAMDAHA District- Purnia ====================================================== BINDESHWARI MOHLI Son of Dhiran Mohli Resident of VillageSukhsena, Archa, P.S.- Barhara, District- Purnea. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Mosmat Gulab Devi Wife of Late Soti Kamti Resident of Thakurbari Tola, Dhamdaha, P.S.- Dhamdaha, District- Purnea.

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dhamdaha P.S. Case No. 111 of 2013 for the offence registered under Sections 406, 420, 467, 468, 471, 311, 384, 506, 341 and 120(B) of the Indian Penal Code. The allegation is regarding the accused persons having committed fraud and misappropriated a sum of Rs. four lakhs. It is the specific allegation of the complainant in the complaint that the said sum of Rs. four lakhs has been diverted in the account of accused nos. 1 & 2 i.e. Sulekha Devi and Dashrath Mandal.

The learned counsel for the petitioner submits that as far

Patna High Court CR. MISC. No.42148 of 2019(4) dt.09-12-2019 2/2 as the petitioner is concerned, there is no allegation of the complainant, in the complaint petition, to the effect that any money of the complainant has been diverted in the account of the petitioner. It is further submitted that the petitioner is having a clean antecedent and he has been falsely implicated in the present case.

The learned counsel for the informant/complainant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with Dhamdaha P.S. Case No. 111 of 2013 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T