Md. Tuddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66159 of 2021 Arising Out of PS. Case No.-201 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== MD. TUDDU Son of Md. Sabbir Resident of Village- Madhuban Got, Ward No. 5, P.S.- Bajpatti, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 354(B), 379, 420 and 504/34 of the Indian Penal Code, registered in connection with Bajpatti P.S.Case No. 201 of 2021.

As per allegation, the present petitioner along with two other accused persons came to the house of the informant Shahnaz Khatoon and apprised her that her name has been selected for provision of a house relating to Pradhan Mantri

Patna High Court CR. MISC. No.66159 of 2021(2) dt.21-07-2022 2/3 Awas Yojna. They assured her that she will get Rs. 1,50,000/-, but prior to that she has to deposit Rs. 30,000/-. On the assurance of the petitioner and other accused persons the informant handed over Rs. 30,000/- but even after waiting for a period of 7-8 months she did not get any money relating to Pradhan Mantri Awas Yojna. She demanded back her money but even after persistent demand it was not re-paid by the accused persons. They badly assaulted her and also abused her. In the night of 10.07.2021, the accused persons including the petitioner badly assaulted her.

The learned counsel for the petitioner has submitted that the petitioner is innocent and he is not concerned with the Pradhan Mantri Awas Yojna. He is not Mukhiya of the village though in the impugned order it has been mentioned that the petitioner has a criminal antecedent, but the real fact is that he is not implicated in any case.

From perusal of the FIR, it appears that two accused persons on the false assurance of providing Rs. 1,50,000/- of Pradhan Mantri Awas Yojna, took Rs. 30,000/- from the informant, they did not return the money and when she went to demand she was badly assaulted by accused persons. The BDO issuing the certificate described that the

Patna High Court CR. MISC. No.66159 of 2021(2) dt.21-07-2022 3/3 name of the informant was not there in the list of beneficiaries to whom Awas was provided under the scheme of Pradhan Mantri Awas Yojna.

I do not think it a fit case for anticipatory bail to the petitioner. His prayer for anticipatory bail is hereby rejected. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T