Sanjiv Kumar Singh @ Sanjiv Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39321 of 2017 Arising Out of PS.Case No. -1209 Year- 2016 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ====================================================== Sanjiv Kumar Singh @ Sanjiv Singh son of Om Prakash Singh, R/o village- Premnagar, PS-Runnisaidpur, District-Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar & Anr.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Jha, Adv. For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends arrest in connection with Complaint Case No. 1209 of 2016 registered for the offences under sections 420 and 409 of the Indian Penal Code. It has been submitted that this petitioner has been named in the complaint petition on account of his being full brother of Rajeev Kumar, who was the Director of Orchid Cultivation Project India Ltd. The brother of this petitioner persuaded the complainant and other persons to become an agent for collecting the money for the aforesaid Company. The brother of this petitioner collected handsome amount to the tune of Rs.24,00,000/- under different Scheme and on completion of maturity of the Scheme, when the complainant and others
Patna High Court Cr.Misc. No.39321 of 2017 (2) dt.19-08-2017 2/3 approached him for payment of the matured amount, he did not return and thereby cheated the complainant and other persons who had deposited the money in the aforesaid Company. Learned counsel for the petitioner submits that there is nothing against the petitioner and so no case of sections 420 and 409 I.P.C. is made out against him.
The learned A.P.P. on the other hand opposed the submission.
On going through the complaint petition, I find that the main allegation is against the brother of this petitioner namely, Rajeev Kumar who was the Director of the aforesaid Company. He had allured the complainant and others to become an agent of his Company. He collected Rs. 24,00,000/- from different investors but on completion of maturity period, he refused to make payment. There is no allegation of cheating against this petitioner. Considering the facts and circumstances of the case, as stated above, this application for anticipatory bail is allowed. Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released 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 Additional Chief Judicial Magistrate-
Patna High Court Cr.Misc. No.39321 of 2017 (2) dt.19-08-2017 3/3 VII, Sitamarhi in connection with Complaint Case No. 1209 of 2016, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.
(Sanjay Kumar, J) Mahesh/- U T