Anup Kumar @ Rambilash Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40613 of 2016 Arising Out of PS.Case No. -194 Year- 2014 Thana -AKBARPUR District- NAWADA ======================================================
1. Anup Kumar @ Rambilash Prasad S/o Banwari Yadav Residents of Village- Pandey Bigha, P.S. Akbarpur, District Nawadah. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 It appears from the service report that the O.P.No.2 has received notice but nobody appears on behalf of O.P.No.2 in this case.
Heard the parties.
The petitioner is apprehending his arrest in connection with A.B.P.No.1001 of 2014 arising out of Akbarpur P.S.Case No.194 of 2014 registered for offences punishable under Sections323, 420, 406, 504 and 120(B) of the Indian Penal Code. Allegation against this petitioner as per F.I.R. is that he took the complainant into confidence and get his Rs.04 lakh deposited in Ramel Industries Ltd. on the assurance that if the Bank is closed, he will pay the money himself and such assurance has been given on two stamp bond papers but both the bond papers
Patna High Court Cr.Misc. No.40613 of 2016 (5) dt.13-04-2017 2/2 are forged, however, it is submitted on behalf of the petitioners that the matter is that on the agreement of purchase of land, he has taken money and he is paying the same in installments to the complainant, as such no case is made out against the petitioner. Heard learned A.P.P. also, who has opposed the prayer for bail.
Having heard both sides and from perusal of the record, it appears that earlier provisional bail was granted to the petitioner, however, considering the allegation, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court, if possible on the same day. With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U