Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2734 of 2018 Arising Out of PS. Case No.-215 Year-1998 Thana- BARH District- Patna ====================================================== Satyendra Singh, Son of Surendra Nath Singh, resident of House No. 88 Natrajganj near I.T.I. College, Budha Colony Adalwari Hajipur, P.S.- Town Hazipur, District- Vaishali.

... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Anirudh Pandey For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 Heard the parties.

The appellant is apprehending his arrest in connection with Badh P.S.Case No.215 of 1998 with Spl. Case No.61 of 2016 registered for offences punishable under Sections 406, 120(B)/34 of the Indian Penal Code and Sections 8/9 of SC/ST (Prevention of Atrocities) Act.

Allegation against the appellant and other accused persons is that they asked the informant to deposit money in M/S Helios Finance and Investment Ltd. in which the appellant was one of the Directors and on that the informant deposited Rs.10,000/-

Patna High Court CR. APP (SJ) No.2734 of 2018(7) dt.04-01-2019 2/3 and Rs.100/- per month total comes to Rs.11,800/- and on maturity when the informant demanded money back they did not return the same.

Submission of the learned counsel for the appellant is that as a matter of fact the compromise has been reached between the parties, which will appear from Annexure 3 at page 43 of the petition and money was also returned to him and apart from that the company of the appellant is under liquidation and Rs.01 crore has been deposited with the official liquidator besides that still the appellant is ready to return the aforesaid amount of Rs.11,800/- to the informant subject to decision of the case. Heard learned Spl.P.P. also.

It further appears that a notice was issued to the informant but the service report was received that he has died during the pendency of this application.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant surrender before the learned Special Judge within a period of six weeks from the date of order and once he surrenders and deposits the amount, which are dues in favour of the informant by the Bank draft, the appellant shall be released on bail in connection with Badh P.S.Case No.215 of 1998 vide Special Case No.61 of 2016

Patna High Court CR. APP (SJ) No.2734 of 2018(7) dt.04-01-2019 3/3 to the satisfaction of the learned Special Judge himself. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T