Shiv Shankar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45375 of 2017 Arising Out of PS.Case No. -1101 Year- 2016 Thana -BHABHU(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ====================================================== Shiv Shankar Gupta, Son of Late Dhurfekan Sao, Manager, Baba Vishwanath Network Private Ltd. Residents of Village- Barej, Police Station- Mohania, District- Kaimur (Bhabua), Presently R/o VillageLathiya, P.O.- Bachhao, P.S.- Rohaniya, Dist- Varanasi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shanti Devi, Wife of Ram Raj Singh, R/o Village- Pahadiya, P.S.- Bhagwanpur, District- Kaimur (Bhabhua).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends arrest in connection with Complaint Case No. 1101 of 2016 registered under Sections 420, 406, 323, 354, 379 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that on perusal of Annexure Nos. 2 to 7, it appears that the main agent is the husband of the complainant namely Om Prakash, who himself collected the amount from the customers and deposited the same in the company and he received the package but did not distribute to the consumers.

Patna High Court Cr.Misc. No.45375 of 2017 (2) dt.19-09-2017 2/2 Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-V, Kaimur (Bhabhua) in connection with Complaint Case No. 1101 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T