Aliyash Hussain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14419 of 2017 Arising Out of PS.Case No. -3259 Year- 2010 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Aliyash Hussain S/o Mainuddin Hussain resident of Village - Heera Tola, P.S. - Baikunthpur, District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Satyanarayan Singh Son of Gagandeo Singh resident of Village - Shankarpur, P.S. - Baikunthpur, District - Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Complaint Case No. 3259 of 2010 instituted for the offence under Section(s) 406, 420, 120B of the Indian Penal Code. It is alleged in the complaint petition that one Dudhnath Sah had opened IMSM, non-banking company and this petitioner was an assistant. It is alleged that petitioner along with other co-accused induced the complainant and another persons to become member of the company by giving Rs. 600/- each and they made 800 members of the company. When the complainant and other depositors demanded their money, the accused persons

Patna High Court Cr.Misc. No.14419 of 2017 (2) dt.28-03-2017 2/2 after closing the company fled away.

It has been submitted on behalf of the petitioner that petitioner was mere assistant in the aforesaid company. The main accused Dudhnath Sah was the Director.

From the complaint petition itself, it appears that petitioner and others committed cheating with the depositors and had fled away after misappropriating the money. In such circumstance, this Court is not inclined to enlarge the petitioner on anticipatory bail. The prayer of the petitioner for anticipatory bail is rejected. The petitioner is directed to surrender before the Court below within a period of six weeks from today in connection with Trial No. 1352 of 2016, arising out of Complaint Case No. 3259 of 2010, and seek regular bail, which shall be considered and disposed off on its own merit without being prejudiced by the order of this Court.

(Sanjay Priya, J) Shageer/- U T