Prem Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48183 of 2017 Arising Out of PS.Case No. -26 Year- 2015 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================
1. Prem Kumar Verma, son of late Ram Swaroop Verma, R/o VillageHardaschak, P.S.- Muffasil, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Fulo Devi, W/o Chandra Mistri, R/o Village- Muli Bishanpur, P.S.- Belsaur, District- Khagaria.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Poddar Suresh Gandhi, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP Mr. Bharat Lal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioner apprehends his arrest in Complaint Case No.26 of 2015 instituted for the offence under Section(s) 420, 409, 120-B Indian Penal Code.
It is alleged in the Complaint Petition by the Complainant, who was Up Mukhiya of Gram Panchayat Raj Mali, that in the year 2010-11, petitioner was elected as Panchayat Secretary of the said Panchayat at the relevant time. It is further alleged that the petitioner fraudulently obtained signature of the Complainant on a blank paper and register and duped rupees three lac without doing any developmental work.
Patna High Court Cr.Misc. No.48183 of 2017 (4) dt.12-01-2018 2/3 The amount was of Yojna No.01 of 2010-11 and 02 of 2010-11. As per Complaint Petition itself, it appears that the Complainant was also one of the signatory on the papers on the basis of which money was withdrawn.
Counsel for the Opposite Party No.2 has appeared and opposed the prayer for bail.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.26-C of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Khagaria, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at
Patna High Court Cr.Misc. No.48183 of 2017 (4) dt.12-01-2018 3/3 liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T