Md. Nesar v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.18634 of 2015 (2) dt.18-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18634 of 2015 Arising Out of PS.Case No. -133 Year- 2014 Thana -RAFIGANJ District- AURANGABAD ====================================================== Md. Nesar. Son of Md. Masfer Saftar. Resident of village - Bhrha, P.S.- Goh, District - Aurangabad (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ishrat Pravin. Wife of Md. Abbas Ansari. Resident of village - Kazichak, P.S.- Rafiganj, District - Aurangabad (Bihar). .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-09-2015 Heard learned counsel for the petitioner and learned counsel appearing for the State.
Petitioner apprehends his arrest in connection with Rafiganj P.S.Case No.133 of 2014 registered for the offence under Sections 406, 420 and 506/34 of the Indian Penal Code. Learned counsel for the petitioner submits that no case is made out under Sections 406 and 420 as the money has been deposited in the account of the company which has its registered office at C-41, Purvi Rajapur, Nichala Talla, Kolkata and is known by the name of "Shreyja Agri Projects" Limited and all the money which was collected by this petitioner in the name of one Angel Agritech Limited, Gaya has been transferred into the said
Patna High Court Cr.Misc. No.18634 of 2015 (2) dt.18-09-2015 company and the informant has been issued valid receipts by the transferee company. It is further submitted on behalf of the petitioner is that the petitioner has also returned an amount of Rs.50,000/- to the informant Isharat Parveen which stands proved by the photo-copy of the Bank Passbook as annexed by the present petitioner.
Considering the aforementioned 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 court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No.133 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Anjana Mishra, J) B.Kr./- U T