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Patna High CourtCR. MISC./48380/2019bail granted

Raju Sharma v. The State Of Bihar

2019-12-04Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48380 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== RAJU SHARMA (Male), aged about 30 years, Son of Sadhu Sharma, Resident of Village - Dihi, P.S.- Akbarpur, Distt.- Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pramod Kumar Verma, Advocate.

For the Opposite Party :

Mr.Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 406, 420 and 379 of the IPC.

The prosecution story, in brief, is that the petitioner took Rs. 2,15,000/- from the informant and her son in different ways i.e., Rs. 1,68,000/- on 29.12.2018, Rs. 22,000/- on 28.12.2018 and Rs. 25,000/- on 26.12.2018 from Account No. 2474 and thereafter this petitioner carried the informant to V. Bazar through the Bike in place of L.I.C. Office which is recorded in C.C.T.V. Camera and thereafter he came out from the Mall on the pretext that some articles have been left in the dickey of the Bike and after that this petitioner came into the

Patna High Court CR. MISC. No.48380 of 2019(4) dt.04-12-2019 2/3 Mall and told that her money has been stolen. As such, the informant believed that she has been cheated by this petitioner. Hence, this F.I.R.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is submitted that prior to institution of the present case, a complaint case was instituted by the petitioner against the brother of the informant vide Annexure-2 to the present application. The present case is out come of the case instituted by the petitioner against the brother of the informant and for the said reason, the petitioner has been made accused in the present case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.,

Patna High Court CR. MISC. No.48380 of 2019(4) dt.04-12-2019 3/3 Nawada, in connection with Akbarpur P.S. Case No. 46 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T