Single judge order granting bail to the petitioner in alleged criminal proceedings involving cheating, cheating by personation, and criminal conspiracy, on furnishing bond and sureties to the court below.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties to the C.J.M. within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12884 of 2015
Arising out of PS.Case No. -547 Year- 2013 Thana -GAYA MUFFSIL District- GAYA ====================================================== Bhuvneshwar Yadav, S/o Shri Ram Yadav @ Shri Ram Prasad Yadav, resident of village- Chanal, Muhera, P.S.- Atari, District- Gaya. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Deepak Kumar, Advocate. For the Opposite Party : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 21-05-2015 The petitioner is apprehending his arrest in connection with Moffasil P.S. Case No. 547 of 2013 for the offences instituted under Sections 406, 420, 323 and 506/34 of the Indian Penal Code.
Heard learned counsel for the petitioner and the State.
The prosecution story, in brief, is that the petitioner Bhuneshwar Yadav taking advantage of intimacy got the contact of the informant made with the other petitioners and giving bluff to get her son job in Army in lieu of payment of Rs. 3,50,000/- and on inability being shown to send her son to Saudi Arabia extorted money by different manners i.e., in cash as well as through cheques and also took Rs. 5000/- cash for getting passport of the son cleaned but when the work of the informant was not
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completed and was found herself to be cheated then started to give pressure on the petitioner and others to return the money, whereupon, it is alleged, the petitioner issued two cheques of Rs. 49,000/- each but the same stood bounced when they were presented for encashment. The allegation is that then the informant made contact with the petitioner and others regarding bouncing of cheque and gave pressure to return her amount but instead of returning the amount they abused and assaulted the informant and denied to return the amount so taken.
It has been submitted on behalf of the petitioner that a vague allegation has been made in the F.I.R. against the petitioner. Further it has been submitted that other co-accused Munni Devi and Arun Kumar have been granted anticipatory bail by this Court vide Cr. Misc. No. 12698 of 2015.
On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Moffasil P.S. Case No. 547 of 2013 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the
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satisfaction of the learned C.J.M. Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./-
U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner should be released on bail in apprehension of arrest in proceedings under Sections 406, 420, 323 and 506/34 IPC.
1 provisions across 1 enactments
Bhuvneshwar Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
