Patna High CourtCR. MISC./52258/2016dismissed

Suresh Prasad Verma v. The State Of Bihar

2017-07-26Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.52258 of 2016 (10) dt.26-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52258 of 2016 Arising Out of PS.Case No. -411 Year- 2016 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Suresh Prasad Verma, Son of Saryu Sao, Resident of Village- Banke Bihari Jewellers Durga Sthan, Hilsa, P.S.- Hilsa, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyamal Prakash, Advocate. For the Opposite Party/s : Mr. Sri Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hilsa P.S. Case No. 411 of 2016, registered under Sections 406 and 420/34 of the Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate, Hilsa at Nalanda. The accusation is that informant had taken loan of Rs.21.000/- 11,000/- and 40,000/- on 21.10.2010, 22.06.2011 and 19.07.2011 from the petitioner at the rate of Rs.2.50/- per Rs.100/- per month for the purpose of agriculture and other urgent work and accordingly, the gold ornaments were deposited. Accordingly, informant paid Rs.1,42,144/- with interest till 24.07.2013 and

Patna High Court Cr.Misc. No.52258 of 2016 (10) dt.26-07-2017 when the informant asked to return the ornaments then petitioner refused to return saying that the said ornaments were melted. As such, the petitioner committed breach of trust. Learned counsel for the petitioner submits that Rs.23,000/- is due against the petitioner and he is ready to pay the same to the informant.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T