Vidyanand Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33777 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Vidyanand Paswan S/o Late Ram Lagan Paswan Resident of VillageRatnauli, P.S.- Maniyari, Dist- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-09-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 120B, 354, 323, 504, 34 of the Indian Penal Code. The prosecution case is that petitioner being friend of husband of the informant took Rs. 1,00,000/- for establishing an office of Rashtriya Gramin Vikas Sangh in the house of one Shyamji. The husband of the informant was initially appointed as offic bearer on payment of Rs. 15,000/- per month. Subsequently he was persuaded to deposit Rs. 51,000/- for registration and Rs. 3625/- as security money and similar deposits were taken from about fifteen persons and their signatures were taken on several documents but neither they were given any training nor any payment was made. Thereafter all the accused persons closed the office and when

Patna High Court Cr.Misc. No.33777 of 2015 (2) dt.01-09-2015 2/2 the husband of the informant went to the house of the petitioner then he was assaulted by the petitioner and coaccused Babita Kumari. It is submitted by learned counsel for the petitioner that petitioner filed Complaint Case No. 3241 of 2014 on 04.12.2014 against the informant and her husband for taking away the articles from the office of Rashtriya Gramin Vikas Sangh thereafter Complaint Case No. 2319 of 2014 was filed on 17.03.2015 by the informant which came to be registered as police case on 18.04.2015. Moreover there is no proof with regard to the payment.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the fact that case lodged by the petitioner's side is at earlier point of time, 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 Sub-Divisional Judicial Magistrate, East, Muzaffarpur in connection with Mithanpura P.S. Case No. 84 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