Patna High CourtCR. MISC./4583/2016disposed

Rambabu Prasad v. State Of Bihar And ANR

2016-02-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4583 of 2016 Arising Out of PS.Case No. -3054 Year- 2012 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Rambabu Prasad son of Rameshwar Mahato resident of VillageMahammadpur, P.S. Mahammadpur, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ram Babu Rai son of Harinath Rai, resident of Village- Mahammadpur, P.S. Mahammadpur, District- Gopalganj.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Amrendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 03-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for anticipatory bail in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The prosecution case is that the petitioner being claiming to be Managing Director of a fake company styled as M/s. L.I.S.M. Marketing Company the petitioner induced the complainant to invest Rs.29,000/- and

Patna High Court Cr.Misc. No.4583 of 2016 (2) dt.03-02-2016 2/2 misappropriated.

The prayer for anticipatory bail of the petitioner was earlier rejected by a co-ordinate Bench of this Court vide Cr. Misc. No. 17099 of 2015 on 30.07.2015. The prayer for anticipatory bail has renewed on the ground that the petitioner has returned the money and complainant has retracted from the initial accusation by filing a compromise petition before the learned court below. In view of this Court, the return of the invested amount and complainant retraction from the initial accusation form ground for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 3054 of 2012 (Trial No. 93 of 2015) pending in the court of learned Additional Chief Judicial Magistrate, Gopalganj.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T