Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57550 of 2019 Arising Out of PS. Case No.-158 Year-2013 Thana- BUDDHACOLONY District- Patna ====================================================== RAJEEV KUMAR Son of Mahendra Prasad Resident of - Ward No. 8, Pole Factory, NH- 31, Maranga, P.S.- K. Hat, Distt - Purnia. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Aditi Kumari D/o Late Santosh Singh Resident of House No. 120, Aanadpuri, West Boring Canal Road, P.S.- Buddha Colony, Distt - Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Buddha Colony P.S. Case No. 158 of 2013 for the offence punishable under Sections 420, 467, 468, 471 and 474 of the Indian Penal Code.

It is alleged against the petitioner that he misused a cheque, which the informant had lost, for withdrawing an amount to the tune of Rs.45,000/- and depositing the same in his account No. 071201503467. He is said to have subsequently withdrawn a sum of Rs.25,000/- from the said account. Learned counsel appearing on behalf of the petitioner has submitted that no account was ever opened by him with the aforesaid account number in ICICI Bank, Purnea,

Patna High Court CR. MISC. No.57550 of 2019(2) dt.13-09-2019 2/3 and on the basis of fake documents, someone else has got the account opened. He has also submitted that the Bank's documents, which bear the photograph of the account holder, shows that even the photograph, affixed with the documents, is not of the petitioner. He has further submitted that since the petitioner has approached this Court and is not fleeing away from the course of justice, no tangible purpose will be served if he is taken into custody.

Considering the above submission, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-XVI-cum-A.C.J.M., Patna, in Buddha Colony P.S. Case No. 158 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail

Patna High Court CR. MISC. No.57550 of 2019(2) dt.13-09-2019 3/3 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T