This is an order granting anticipatory bail to the petitioner in a cheating case. The court allowed bail on furnishing a bond with sureties subject to conditions under Section 438(2)
enlarged on bail on furnishing bond of Rs.10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C.
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.65865 of 2019
Arising Out of PS. Case No.-198 Year-2018 Thana- THAWE District- Gopalganj
====================================================== SAMEER ALAM @ MS. SAMEER @ MD. SAMEER Son of Subodh Miya @ Kamrul Hoda Resident of Village - Miralipur, P.S.- Thawe, Dist.Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Javed Aslam For the Opposite Party/s : Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 04-11-2019
Heard learned counsel for the petitioner and the learned
The petitioner apprehends his arrest in connection with Thawe P.S. Case No.198 of 2018 registered under Sections 420/34 of the Indian Penal Code.
The accusation is that Noor Hasan along with his son-inlaw Sameer Alam (petitioner) approached to Jahirul Haque, the father of the informant Gufran Ali, and asked that if he has son, then to engage him at Malasiya, where he will get salary of Rs.35000/- of Indian Currency and also asked the father of the informant to manage Rs.95000/- for sending the informant to Malasiya. Thereafter, on receiving the aforesaid amount, the petitioner took his son to Chenni, from where he was taken to Malasiya, where he was engaged with Nepali agent, who, on query, informed that he has come for the
Patna High Court CR. MISC. No.65865 of 2019(2) dt.04-11-2019 2/2
present on Tourist Visa on which the informant became surprised. Thereafter, anyhow, the informant talked to his father from the mobile of someone and gave the account number of that person in whose account, the father of the informant transferred total Rs.25000/- on two occasions and, thereafter, the informant returned from there after purchasing the ticket. As such, the petitioner and his father-in-law committed fraud with the informant and his father.
Learned counsel for the petitioner submits that, in fact, on the instruction of his father, the informant was taken by the petitioner to Malasiya for doing the job, where the informant did work for some months and, thereafter, returned from there but with an ulterior motive, the informant has lodged the present case.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Uday Pratap, Judicial Magistrate, First Class, Gopalganj, in connection with Thawe P.S. Case No.198 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J)
P.S./-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in the chargesheeted case.
Whether the petitioner has a reasonable apprehension of arrest on bail.
1 provisions across 1 enactments
SAMEER ALAM @ MS. SAMEER @ MD. SAMEER
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
