Rakesh Kumar Sinha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34192 of 2015 Arising Out of PS.Case No. -135 Year- 2010 Thana -DUMRAUN District- BUXAR ======================================================
1. Rakesh Kumar Sinha S/o Jagarnath Lal
2. Rupesh Kumar Sinha S/o Jagarnath Lal
3. Rajesh Kumar Sinha S/o Jagarnath Lal Resident of Gorakhpur Ekta Nagar, P.S. Gorakhpur, District Gorakhpur (U.P.) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-08-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 406, 420, 467, 468, 471, 120B of the Indian Penal Code.
The prosecution case is that the complainant entered into an agreement for purchase of land when out of six bank drafts five in favour of petitioner Nos. 1 and 2 and one in favour of co-accused Pankaj Kumar Sinha each amounting to Rs.
49,865/- were handed over but the money was misappropriated and the land was not transferred. It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.34192 of 2015 (2) dt.14-08-2015 2/2 petitioners that during investigation, it was found that all the drafts were cancelled on the direction of the complainant and the bank submitted a report to that effect which led to the submission of final form and the same was accepted and subsequently on protest cognizance has been taken. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Protest-cumComplaint Case No. 1354(C) of 2010, arising out of Dumraon P.S. Case No. 135 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T