Dhiraj Kumar Suman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30031 of 2014 Arising Out of PS.Case No. -224 Year- 2013 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Dhiraj Kumar Suman Son of Arjun Prasad (wrongly mentioned in the FIR as Arvind Prasad) Resident of Village - Tora, Police Station - Sarmera, District - Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-09-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner being the Chief Managing Director of a nonbanking Company in which the informant being agent got deposited large amount through several persons. But before maturity the aforesaid company closed its office and the director and the agent of the company refused to return the amount of the depositors.

The contention on behalf of the petitioner is that when the dispute arouse between the company and its depositors, a meeting was held and in the meeting, it was decided to return the amount of its depositors and accordingly, cash payment was made after taking signatures of the depositors/agents on revenue tickets which is evident from annexure-2 to the petition. It would appear from the record that this court called for a report from the Superintendent of Police about the genuiness of annexure-2

Patna High Court Cr.Misc. No.30031 of 2014 (8) dt.04-09-2015 2/2 and the Superintendent of Police send his report dated 30.07.2015 mentioning this fact that on verification it was detected that the petitioner and other officials of the concerned non-banking company took signatures of agents on revenue stamps and issued cheques which got bounced when deposited with the concerned bank and no cash payment was made. Learned counsel appearing for the petitioner submits that from annexure -2 , it appears that cash payment was made. Moreover the petitioner is in jail custody since 03.03.20014. Regard being had to the facts and circumstances of the case, I am not inclined to release the petitioner on bail. Accordingly the prayer for bail of the petitioner in connection with Laheri P.S. Case No. 224 of 2013 pending in the court of C.J.M, Nalanda Biharsharif stands rejected. However, the trial court is directed to expedite the trial and conclude the same as early as possible.

(Hemant Kumar Srivastava, J) M.Rahman/- U T