Girijesh Prasad Gupta @ Girigesh Prasad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54311 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== Girijesh Prasad Gupta @ Girigesh Prasad, Son of late Jang Bahadur Prasad, Resident of Village & P.O. Harnated,P.S. Harnated, District- West Champaran. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sriram Life Insurance Company Ltd. having its office at City Mart,2nd Floor, Plot No. 10 & 12(P), Opposite Odisha Fire Service Training School, P.O. Baramunda, P.S: Khandagiri, Bhubaneswar District- Khurda (Orisha) at its Branch Office at Main Road, 2nd Floor, Union Bank of India, Raxaul845302. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Adv.
For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406,420,467,468,471 and 120B of the Indian Penal Code. The prosecution case is that Shriram Life Insurance Co. Ltd at it's Branch Office, Raxaul received one proposal through its agent the petitioner Girijesh Prasad Gupta on 18.12.2015 for issuance of a life Insurance Police in the name
Patna High Court Cr.Misc. No.54311 of 2018(5) dt.11-01-2019 2/3 of a dead person, namely Laxman Sah. Subsequently, the company received death intimation letter from Anil Prasad Sah, who is nominee in the aforesaid policy stipulating therein that the policy holder Laxman Sah has died on 11.07.2016. Thereafter, the Insurance Company conducted an enquiry to verify the claim of the nominee of the policy holder and came to know that Laxman Sah has died on 22.06.2015, but his life insurance application was received on 18.12.2015.
It is submitted by learned counsel for the petitioner that the insurance was done after due verification. It is submitted by learned APP for the State after going through the case diary that the petitioner is the king-pin of life insurance of a dead person.
Considering the nature of accusation, this Court is not inclined to grant bail to the petitioner. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Raxaul P.S. Case No. 89 of 2018, pending before the learned SDJM, Raxaul.
With the above observation, this application is,
Patna High Court Cr.Misc. No.54311 of 2018(5) dt.11-01-2019 3/3 accordingly, disposed of.
(Dinesh Kumar Singh, J) Ashwini/- U T