Pramod Kumar Verma And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33768 of 2016 Arising Out of PS.Case No. -115 Year- 2014 Thana -JADIA District- SUPAUL ======================================================
1. Pramod Kumar Verma Son of Bimal Lal Das
2. Bittu Kumar Verma S/o Pramod Kumar Verma
3. Jeevan Lal Das Son of Late Moti Lal Das
4. Fani Lal Sharma @ Fanilal Sharma S/o Late Bani Lal Sharma
5. Tilo Sharma S/o Fani Lal Sharma
6. Nirmal Kumar Verma @ Mantu Kumar Lal Das Son of Jeevan Lal Das
7. Bindeshwari Lal Das son of Kusum Lal Das All are residents of village - Parsagarhi, P.S. Jadia, District - Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Arjun Yadav S/o late Shiwan Yadav, R/o Village-Parsagarhi (North) Ward No. 10, P.S.-Jadia, Distt-Supaul.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Choudhary For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-12-2016 Heard the counsel for the petitioners and the Informant. The petitioners prays for anticipatory bail in Jadia P.S. Case No. 115 of 2014 registered under Sections 406, 420, 465, 468, 120(B), 341, 323, 504 and 34 of the Indian Penal Code which was initially presented as a complaint.
In substance, the allegation is that the petitioner nos. 1 and 2 on three occasions cheated the informant and received heavy amount on one assurance or the other and misappropriated. The contention of the petitioners is that even going by First Information Report, the allegations are attributed to petitioner nos. 1 and 2. Others are only family members who are said to have
Patna High Court Cr.Misc. No.33768 of 2016 (6) dt.01-12-2016 2/2 been seen with the petitioner nos. 1 and 2.
Learned counsel for the informant, on the other hand, submits that in course of investigation, the allegation levelled against the petitioner nos. 1 and 2 have been sustained. The petitioners are evading arrest.
Considering the facts and circumstances of the case, this Court is not inclined to extend the privilege of anticipatory bail to petitioner nos. 1 (Pramod Kumar Verma) and 2 (Bittu Kumar Verma). Their prayer is rejected.
Let the petitioner nos. 3 to 7, abovenamed in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Supaul in Jadia P.S. Case No. 115 of 2014 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his/their own/close family member. The petitioners shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel their bail bonds.
(Kishore Kumar Mandal, J) rohit/- U T