Mrinal Makarand v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58494 of 2017 Arising Out of PS.Case No. -468 Year- 2016 Thana -KOTWALI District- PATNA ======================================================
1. Mrinal Makarand S/o Mukti Narayan Pandey, R/o Sabji Mandi, New Area, P.S.- Dehri, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Gyanendra Murari, Zonal Business Manager, Times Center For Learning Ltd. 6th Floor Times of India Building, Frazer Road, P.S.- Gandhi Maidan, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in G.R. Case No. 6482 of 2016 arising out of Kotwali P.S. Case No. 468 of 2016 instituted for the offence under Sections 406,420 of the IPC. It is alleged in the written report that petitioner was posted as Centre Head of the Times Centre of Learning Ltd. Learned counsel for the petitioner has submitted that from the written report itself, it is apparent that he had worked with the aforesaid Centre from November 24, 2014 to March 10, 2015. Thereafter, the petitioner made request that the informant settle his dues amount by writing letter annexed as Annexure-2 Series dated 05.06.2015 and onwards. Thereafter, the instant case has been lodged by the informant in the year 2016. It further appears from the written report itself, that only general and
Patna High Court Cr.Misc. No.58494 of 2017 (2) dt.12-12-2017 2/2 omnibus allegation has been made against petitioner that he received fee from the students and further Rs. 50,000/- has been taken by petitioner for diesel advance.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with G.R. Case No. 6482 of 2016 arising out of Kotwali P.S. Case No. 468 of 2016 to the satisfaction of learned C.J.M., Patna subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) khushbu/- U T