Md. Nisar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.2411 of 2017 (7) dt.29-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2411 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -KAMTAUL District- DARBHANGA ====================================================== Md. Nisar, son of Md. Anwarul Haque, resident of Village Karwa, Police Station - Kamtaul, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sayed Mohammad Imteyajuddin, son of Late Taslim, resident of village - Madilman, Police Station - Jalley, District - Darbhanga. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kamtaul P.S. Case No. 103 of 2016, registered under Sections 406, 420, 467, 471, 323, 341, 504 and 506 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Darbhanga.

The accusation is that in the month of January, 2012, accused-petitioner approached to the complainant-opposite party no. 2 to deposit the money in the Insurance Company and asked to deposit Rs.1,000/- per month in sixty months in a scheme and after sixty months, Rs.72,000/- will be paid. Accordingly, the

Patna High Court Cr.Misc. No.2411 of 2017 (7) dt.29-08-2017 complainant-opposite party no. 2 deposited Rs.27,000/- in 27 months in the said scheme and also deposited Rs.50,000/- in one time in other scheme but on asking the passbook the petitioner did not take any heed and started to abuse the complainant-opposite party no. 2. As such, the accused-petitioner committed fraud with the complainant-opposite party no. 2 by grabbing Rs.77,000/-. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T