Mahesh Kumar Singh @ Mahesh Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57480 of 2018 Arising Out of PS. Case No.-47 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Mahesh Kumar Singh @ Mahesh Singh, Son of Gajadhar Singh, resident of Village- Paltu Bigha, P.S. Makhdumpur, District- Jehanabad. ... ... Petitioner
Versus
1. State Of Bihar,
2. Dev Kali Devi, W/o Late Ram Kishun Singh, resident of Village- Paltu Bigha P.O. P.S. Makhdumpur, District- Jehanabad.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Singh For the Opposite Party/s :
Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case no. 47 of 2017, registered under Sections 420, 467, 468, 471, 120(B) and 323 of the Indian Penal Code and Section 138 of the N.I. Act.
The accusation is that the petitioner told the complainant to invest money in land construction company for earning high interest, accordingly, complainant met with one Devashish Das proprietor of construction company and both asked him to deposit Rs. 70,000/- with assurance to return Rs. 1,40,000/- after three years. Thereafter, she put thumb
Patna High Court Cr.Misc. No.57480 of 2018(3) dt.01-02-2019 2/3 impression on withdrawal form and Devashish Das withdrawn the money. After three years, when complainant asked the petitioner to return the said money, then he did not take any heed on it.
Learned counsel for the petitioner submits that it would appear from the complaint petition that Rs. 70,000/- was taken by accused Devashish Das, who is the owner of the construction company. Further submission is that complainant admitted, in her statement, that when she approached to coaccused Devashish Das, he handed over cheque of Rs. 70,000/-, but the same was dishonoured then notice was sent as such the petitioner was not taken cash of Rs. 70,000/- from the complainant, rather, the same was taken by co-accused Devashish Das in presence of the petitioner. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned 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 the Chief Judicial Magistrate, Jehanabad in connection with Compliant Case No. 47 of 2017,
Patna High Court Cr.Misc. No.57480 of 2018(3) dt.01-02-2019 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T