Ramrup Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48370 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Ramrup Mandal, Son of Saryug Mandal, Resident of Village- Lalbihari Khut, P.S.- Tribeniganj, District- Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Subhash Yadav, son of late Babujee Yadav, resident of village Lalbihari Khut, P.S. Tribeniganj, Distt. Supaul.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha, Advocate. For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Tribeniganj P.S. Case No. 113 of 2017 instituted for the offence under Sections 420 and 406 of the Indian Penal Code. It is alleged that informant purchased insurance Policy from the petitioner. The informant was told that he will have to pay an amount of Rs.7,500/- per annum for five years. Thereafter, the petitioner assured to pay Rs.1,00,000/- after completion of 6th year. It is further alleged that petitioner did not deposit the premium in the Insurance Company and cheated with the petitioner by giving forged premium receipts. The informant alleged that amount of premium has been misappropriated by
Patna High Court Cr.Misc. No.48370 of 2017 (6) dt.03-04-2018 2/3 petitioner. The informant went to petitioner to demand for his payment. The petitioner refused to pay the same. The petitioner along with his family members assaulted the informant with fists and slap. Petitioner also took away money from the pocket of informant.
Learned counsel for the petitioner has submitted that Policy term was for 16 years. There was term in the policy that Premium of Rs.7,500/- will be deposited for five years. Thereafter, on expiry of 16 years, the amount of Rs.1,00,000/- will be given. It has further been submitted that in this respect, the receipt was also given to the informant which is part of First Information Report. Petitioner is agent of Reliance Insurance Company. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Tribeniganj P.S. Case No. 113 of 2017, he shall 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 Chief Judicial Magistrate, Supaul, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions
(1) bailors should be local having sufficient immovable property
Patna High Court Cr.Misc. No.48370 of 2017 (6) dt.03-04-2018 3/3 within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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) S.Ali/- U T