Md. Ali @ Md. Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76890 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- PAKRIDAYAL District- East Champaran ====================================================== Md. Ali @ Md. Abbas S/o Late Farid Mansuri, R/o Vill- Chorma Do Aana, P.S.- Pakaridayal, Dist- E. Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Respondent/s :

Mr.Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2019 Heard the learned counsel for the parties.

This application for anticipatory bail arises out of Pakaridayal P.S. Case No. 53 of 2018, disclosing offences under Sections 467, 468, 471, 420, 406 and 506 of the Indian Penal Code.

It is alleged that the petitioner had taken a sum of Rs. 1,00,000/- (one lac) with the assurance of providing the informant some job in Dubai. The petitioner is said to have managed the informant's travel to Dubai and he reached Dubai to learn that he was, in fact, cheated.

Learned counsel, appearing on behalf of the petitioner, has submitted that except vague assertion in the First Information Report, that the petitioner had taken a sum of Rs.

Patna High Court Cr.Misc. No.76890 of 2018(2) dt.11-01-2019 2/2 1,00,000/- (one lac), there is no material to support the said stand. He has also submitted that no offence under Sections 467, 468 and 471 of the Indian Penal Code can be said to be made out on the basis of what has been alleged.

Considering the above, this application is allowed. Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran at Motihari in Pakaridayal P.S. Case No. 53 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U