Uma Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69915 of 2022 Arising Out of PS. Case No.-432 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== UMA SHANKAR SINGH Son of Raghunath Singh Resident of Village - Baghari Rasulpur, P.S.- Runnisaidpur, District - Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Kumar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP For the Informant :

Mr. Devendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State along with learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379 and 420 of the Indian Penal Code.

Learned counsel for the petitioner, at this outset, submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that he had credited an amount of Rs. 1,04,000/- (Rupees One Lakh Four Thousand only) in the account of the petitioner for the purposes of going abroad, but then it is alleged that he was cheated. Learned counsel for the petitioner next submits that for some reason beyond the control of the petitioner, he was not

Patna High Court CR. MISC. No.69915 of 2022(5) dt.07-07-2023 2/3 in a position to send the informant to a foreign country for which he had credited the amount in his account. It is next submitted that petitioner is willing to return the amount of Rs. 1,04,000/- in the account of the informant or by way of a draft. Learned counsel for the informant, on instruction, agrees with the submissions of the learned counsel for the petitioner.

Learned counsel for the informant next submits that he will Whatsapp the bank account number of the informant to the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner for crediting the amount in his account as agreed. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Runnisaidpur P.S. Case No. 432 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.69915 of 2022(5) dt.07-07-2023 3/3 However, it is made clear that the petitioner at the time of surrender shall also submit proof of crediting the amount in the account of the informant failing which his bail bonds shall not be accepted.

(Satyavrat Verma, J) Rishabh/- U T