Amit Kumar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4005 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Amit Kumar Yadav S/o Abhiram Yadav, Resident of Village Mali, P.S. Beldaur, District - Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Fulo Devi, W/o Chandra Kishore Mistry, Resident of Village - Mali Bishnpur, P.S. - Beldaur, District - Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2016 Petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 403, 406, 417 of the Indian Penal Code. The prosecution case is that the complainant was elected as Up-Mukhiya of Rajmali Panchayat in the year 2011. Co-accused Prem Kumar Verma being posted as Panchayat Secretary started monitoring scheme No. 01/10-11 and 02/10-11. The Panchayat Secretary Prem Kumar Verma withdrew Rs. 3,00,000/- from joint account by obtaining the signature of the complainant who is housewife. It is alleged against the petitioner that petitioner was associate of coaccused Prem Kumar Verma. It is submitted by learned senior counsel for

Patna High Court Cr.Misc. No.4005 of 2016 (2) dt.27-01-2016 2/2 the petitioner that complainant herself admitted that account was being operated with joint signature of the complainant with the Panchayat Secretary and her signature was fraudulently obtained by the Panchayat Secretary. The petitioner was neither Panchayat representative nor held any post in the administration.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the thrust of accusation against co-accused Prem Kumar Verma, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Complaint Case No. 26(C) of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T