Upendra Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73280 of 2019 Arising Out of PS. Case No.-677 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Upendra Prasad Gupta, Son of Late Nanhaku Sao, Resident of VillageMahadeopur, P.S-Konch, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Veer, Advocate For the Opposite Party/s :

Mr. Anant Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 This is an application for grant of anticipatory bail in connection with Bodh Gaya P. S. Case No. 677 of 2018, disclosing offences under Sections 323, 324, 354B, 467, 468, 420, 406, 380, 34 of IPC.

As per complaint case, on the basis of which, F.I.R. has been lodged, there is allegation against the petitioner, who happens to be the brother-in-law of the complainant that he in connivance with the other accused has cheated the informant in getting a house at Gaya and etracted Rs.80,000/- and is not inclined to return the same, despite agreeing to it in writing. He has also received a legal notice to that effect also, but they have not returned the money.

Submission of the learned counsel for the petitioner is that a letter signed by Ram Sewak is also a part of the complaint

Patna High Court CR. MISC. No.73280 of 2019(2) dt.19-11-2019 2/2 case, which disclosed that he has taken Rs. 40,000/- and anyhow he returned the amount in 2017 as there is no cheat of paper and he is ready to abide by any condition imposed upon him. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt of certified copy of this order, on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M. Gaya, in connection with Bodh Gaya P. S. Case No. 677 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he has to co-operate in disposal of the complaint case and appear as and when required. (Vinod Kumar Sinha, J) Sunil Shukla/- U T