Vidhyanchal Tiwary @ Arun Tiwary And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21291 of 2018 Arising Out of PS.Case No. -239 Year- 2017 Thana -DIGHWARA District- SARAN ======================================================
1. VIDHYANCHAL TIWARY @ ARUN TIWARY, S/o Radheshyam Tiwary.
2. Anita Kumari, W/o Sri Vidhyanchal Tiwary, Both Resident of VillageSiddhiVinayak Appartment, 1st Floor, near Kali Mandir, Kankarbagh, P.S.- Kankarbagh, District- Patna.
.... .... Petitioners
Versus
1. The State of Bihar.
2. Ritesh Kumar Singh, S/o Late Satya Narayan Singh, Resident of VillageMatihan, P.S.- Dariyapur, District- Saran. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2018 Petitioners apprehend their arrest in connection with Dighwara P.S.Case No. 239 of 2017 registered for the offences punishable under Sections 406 and 420/34 of the Indian Penal Code.
Allegation against the petitioners is that they have opened a company in the name of Rosewell Infra Company Ltd. for sale and purchase of land and collected huge money from the various persons and closed the office and petitioner No.1 was Managing Director of the said Company and they are not returning the money and opposite party No.2 has deposited Rs.2.5 lakhs in the company.
Submission of learned counsel for the petitioners is that they have purchased land from the Agency and now they are ready
Patna High Court Cr.Misc. No.21291 of 2018 (3) dt.25-06-2018 2/2 to deposit the amount to the complainant and others. Heard learned APP. No body appears for opposite party No.2 despite service of notice.
Having heard both sides and in the facts and circumstances, let the petitioners, named above, surrender within a period of six weeks from the receipt of this order along with a Bank Draft of Rs.2.5 lakhs payable to opposite party No.2 in court, which will be released in favour of opposite party No.2 on demand and on such deposit being made, the petitioners shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar Singh, Judicial Magistrate, 1st Class, Chhapra, in connection with Dighwara P.S.Case No. 239 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions are that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.
(Vinod Kumar Sinha, J) spal/- U