Umesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60480 of 2018 Arising Out of PS. Case No.-23 Year-2018 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Umesh Prasad S/o Nand Kishore Mahto, R/o Vill.- Bishanpur Bakhari, P.S.- Sakara, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Mala Kumari, wife of Sanjay Kumar, R/o Village+P.O. Dubaha, P.S. Sakra, District- Muzaffarpur, at present R/o Village- Muradpur Baingra, P.O. Kubauli Ram, P.S.- N.H. Bangra, District Samastipur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pradhan Murli Manohar Prasad, Adv.
Mr. Raju Kumar Goswami, Adv.
For the State :
Mr.Sri Parmeshwar Mehta, APP For the Informant :
Ms. Vandana Singh, Adv.
Mr. Bijay Bhaskar Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2019 This is an application for grant of anticipatory bail in connection with N.H. Bangra P.S. Case No. 23 of 2018, disclosing offences under Sections 147, 148, 149, 323, 342, 384, 386, 406, 420, 504 of the Indian Penal Code.
Allegation against the petitioner as per complaint petition is that the informant has transferred Rs.1,30,000/-, Rs.3,00,000/-, Rs.1,80,000/- and 1,00,000/- on different dates from the S.B. Account of her husband to the S.B. Account of the petitioner and the petitioner also received Rs.5,00,000/- in cash on the pretext of given a plot of 2000 sq. ft., but thereafter, the petitioner refused to register the land in their favour and also not
Patna High Court CR. MISC. No.60480 of 2018(4) dt.08-04-2019 2/3 returning the money and thereafter he served a notice through advocate and thereafter the petitioner and other accused persons came variously armed and abused the informant and her husband.
Submission of learned counsel for the petitioner is that the husband of the informant was an agent of Great Uniworld and D.J.N. Commodity Private Limited and the petitioner has deposited the amount taken from the informant in the Great Uniworld and D.J.N. Commodity Private Limited and later on Rs.7,20,000/- was deposited by the petitioner in the S.B. Account of the informant.
Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner on the ground that no such amount was deposited in her account and the informant has given the amount for purchase of a land and the sale-deed has not been executed with respect to the said land.
Having heard both sides, considering the facts and circumstances of the case as stated above, this application is disposed of with a direction to the petitioner to surrender before the court below within a period of six weeks and pray for regular bail and if at the time of hearing of regular bail, the
Patna High Court CR. MISC. No.60480 of 2018(4) dt.08-04-2019 3/3 petitioner is ready to show that the amount of Rs.7,20,000/- has been deposited in the account of the informant and the learned court below shall consider the same and pass an appropriate order.
Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T