The High Court of Jharkhand granted the petitioner anticipatory bail in a cheating case, directing surrender within three weeks and furnishing a bond and sureties under Section 438 Cr.P.C.
Petitioner directed to surrender within three weeks and granted bail on furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No. 970 of 2016
Shambhu Nath Tiwary …… Petitioner Versus 1.The State of Jharkhand 2. Ayodhya Prasad Mishra …… Opposite Parties
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
--------- For the Petitioner : Mr. Mahesh Tewarik, Advocate For the State : A.P.P. For the O.P. No.2 : Mr. Pratiush Lala, Advocate ---------
06/Dated: 04/08/2016
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with the case registered under Sections 406/420 of the Indian Penal Code.
The prosecution case is that son of O.P. No.2 namely Shivam Kumar was studying at NIET i.e. Noida Institute of Engineering and Technology, Noida U.P whereas the son of the petitioner, namely Manikant Tiwari was also working at the HDFC Bank, Noida and as such, both of them had developed friendship and had been residing jointly in the tenanted room at Noida, U.P. It is further stated that the son of the complainant was need of money for his study expenses at Noida, but he had no account in any Bank. He informed his father about depositing the amount and other expenses and on this, it is stated that the petitioner told the O.P. No.2 to transfer the same amount in the name of his son who would pay the entire amount to the son of the complainant. That as such a sum of Rs. 50,000/- was said to be paid in cast at the quarter of the petitioner. That on 13.06.2014, on which date, the son of the petitioner had also come to see his parents at Dhanbad. That further it is said that on 15.07.2014 the O.P. No.2 transferred Rs. 2,05000/- in the account of the son of the present petitioner through the RTGS and this matter was also informed to his son.
Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case that accused No.2 has already paid the entire amount to the son of the complainant. It is also submitted that whatever the amount was transferred in the account of Mirtunjay Tiwary not with this petitioner. It was further submitted that there was no bank account opened in the name of
Shivam Tiwary and as such, on his father's request, the petitioner and his son agreed to get the amount of Rs. 2 lacs to his son, Shivam Kumar through the Bank account of the son of the petitioner.
Learned counsel for the complainant has opposed the prayer for bail has he has filed the counter affidavit in which he has stated that the complainant on being deceive by the accused paid Rs. 50,000/- to the petitioner on 13.06.2014 in the house of the petitioner when accused No.2 visited Dhanbad to meet the accused No.1. It is also submitted that inducement of the accused complainant transferred Rs. 2050000/- in the account of the accused No.2 on 15.07.2014 through RTGS in his bank account.
In the fact and circumstances of the case, the above named petitioner is directed to surrender in the Court below within three weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge the above named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Dhanbad in connection with C.P. Case No. 824 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anant Bijay Singh, J.)
Satayendra/
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with charges under Sections 406 and 420 of the Indian Penal Code.
Whether the petitioner can be granted anticipatory bail upon surrender within three weeks and furnishing of a bail bond with sureties.
1 provisions across 1 enactments
Shambhu Nath Tiwary
The State of Jharkhand
Ayodhya Prasad Mishra
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
