Patna High CourtCR. MISC./15784/2014disposed

Haribansh Kumar v. The State Of Bihar

2015-03-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15784 of 2014 Arising Out of PS.Case No. -532 Year- 2010 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ====================================================== Haribansh Kumar .... .... Petitioner

Versus

1. The State of Bihar.

2. Ashok Prasad Gupta.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Lal Bahadur Singh, Advocate. For the O.P. No. 2 : M/S. Sanjay Kumar & Rajeshwar Singh, Advocates.

For the State : Mr. R.P.S. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2015 Heard learned counsels for the petitioner, complainant and learned A.P.P. for the State. The petitioner is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 420 and 506 of the Indian Penal Code.

It is alleged that the petitioner persuaded the complainant to invest some money in his nonbanking company.

The complainant invested Rs.

3,20,000/- in the financial company of the petitioner with promise to return with good interest but neither the interest was paid nor principal amount was returned. Subsequently, the complainant

Patna High Court Cr.Misc. No.15784 of 2014 (8) dt.27-03-2015 2 / 2 issued a cheque of Rs. 25,000/- but it was not encahsed since there was no sufficient fund in the bank account of the petitioner.

It is submitted by learned counsel for the petitioner that there is no proof with regard to payment whereas it is submitted by learned counsel for the complainant that the amount was deposited with the financial company of the petitioner, the deposit receipts are with the complainant and the petitioner has cheated several persons in the similar manner.

Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks from the date of receipt/production of copy of the order in connection with Complaint Case No. 532 of 2010, pending in the court of the learned C.J.M.

Aurangabad.

With observation above, the application is disposed off.

U.K./- (Dinesh Kumar Singh, J) U T