Vijay Kumar Bhartiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22199 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================
1. Vijay Kumar Bhartiya son of Surendra Prasad Resident of village Akhtiyarpur, P.S. Goraul, District Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 406, 420 of the Indian Penal Code. The prosecution story, in brief, is that the informant took four L.I.C. policies each of Rs. 20,000/- and policy for Rs. 25,000/- in the year 2002 in the name of his wife Veena Singh and also one policy in the name of his son Saket Kumar. It is alleged that the wife of the informant died and the informant applied for claim in which lesser amount was paid. Later on it came to the knowledge of the informant that a loan of Rs. 52,512/- was taken.
After some time the informant requested for the payment of the policies issued in the name of his son and himself and the informant found that a loan of Rs. 50,000/- was taken whereas the informant has no knowledge about the said loan.
Patna High Court Cr.Misc. No.22199 of 2015 (2) dt.13-07-2015 2/2 took loan from L.I.C.
It has been submitted on behalf of the petitioner that the petitioner has been made accused due to mistake of fact. There is no substantive evidence to prove the allegation against the petitioner. It has been further submitted that the petitioner is ready to deposit an amount of Rs.15,000/- in the court below, which shall be subject to final disposal of the case. On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the aforesaid facts, the above named petitioner is directed to deposit an amount of Rs. 15,000/- in the court below, which shall be subject to final disposal of the case and on doing so , in the event of his arrest or surrender in the court below within a period of four 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 learned C.J.M.,Vaishali at Hajipur in connection with Hajipur Town P.S.Case No. 71 of 2015 , subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Sudhir Singh, J) singh/- U T