Sani Kumar @ Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12899 of 2016 Arising Out of PS.Case No. -60 Year- 2013 Thana - SACHIWALAYA District- PATNA ====================================================== SANI KUMAR @ SANNI KUMAR, Son of Anil Kumar, Resident of Village - Kandap, P.S. - Gaurichak, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Dhirendra Nath Jha, Advocate. For the Opposite Party/s : Mr. G.S.Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2016 Heard both sides.

The petitioner apprehends his arrest in Sachivalaya P.S. Case No. 60/2013 registered under Sections 379 and 420 of the Indian Penal Code and Section 66(C) of the Information Technology Act.

The informant alleged that on 15.03.2013 he received a message on his mobile no. 7277202297 that Rs. 5,25,000/- was credited to his savings account. On the same day, the informant received another message that from his A/C No. 10839289244, an amount of Rs. 94,440/- was debited. When the informant enquired from the Bank, he came to know that his fixed deposit of rupees five lacs was broken and the entire amount was credited in his savings bank account although no consent was taken from the informant.

Patna High Court Cr.Misc. No.12899 of 2016 (3) dt.17-08-2016 2/2 Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner figured in the case in the confessional statement of Aman Kumar Chaudhary, who is said to have confessed that he stole the credit card of one Rahul Kumar which was lying on his table and he handed over the credit card to Sani Kumar (the petitioner). Sani Kumar purchased different articles from the credit card and the account of the informant was debited.

It appears that the petitioner and Aman Kumar Chaudhary deceitfully used the credit card and purchased different articles from the account of the informant.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Sachivalaya P.S. Case No. 60 of 2013. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T