Patna High Court - Orders
Nokelal Saket @ Nokhelal Saket vs The State Of Bihar on 28 April, 2017
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9723 of 2017
Arising Out of PS.Case No. -38 Year- 2013 Thana -INDUSTRIAL District- BHAGALPUR
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Nokelal Saket @ Nokhelal Saket, S/o Brajbasi Saket, Resident of Village-
Bakiya, P.S.- Rampur Baghelan, District- Satna, State- MP.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
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4 28-04-2017Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Industrial Area P.S. Case No.38 of 2013 registered under Sections 420, 406, 467 and 468/34 of the Indian Penal Code.
The accusation is that on 26.08.2013, the informant Madhu Kumari received call on her mobile through Mobile No.00923034521343 and caller disclosed their name as Ravi Verma and Akash Verma, saying that she has won a vehicle wroth Rs.16,00,000/- and cash Rs.25,00,000/- in lottery of Airtel Company and she was asked by them to send her two SIMs on the given address. Accordingly, the informant sent the same. Patna High Court Cr.Misc. No.9723 of 2017 (4) dt.28-04-2017 2/3 Thereafter, the informant was asked by them on phone to send the deposit slip, her photograph and the I.D.I. card for verification and the informant sent the same. They also asked the informant to give the joint account number of her parents and also asked her that such huge amount would not be deposited in her one account. They also asked the informant that they will deposit the double money of the money as deposited by her and also asked the informant that they are coming to her house with a vehicle and cash Rs.4,00,000/- for which she will have to fill up another form and if she will not fill up the form, the money would not be returned. The informant as per their direction started to deposit the money on different account numbers but, later on, she came to know that she has been cheated. The informant disclosed the fifteen account numbers in which she had deposited the money and one of the account numbers was of the petitioner.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is the student of M.B.A. in the Academy of Management, Bhopal, governed under Barkutullah University, Bhopal, and used to reside at Bhopal. In that course, he came in the touch of one Sandeep Kumarm who asked the petitioner to give his account number as he is in need of money but he has no account number. Thereafter, the petitioner furnished Patna High Court Cr.Misc. No.9723 of 2017 (4) dt.28-04-2017 3/3 his account number and Rs.98,000/- was deposited in his account on two occasions, which was withdrawn by the petitioner and handed over to Sandeep Kumar. The petitioner having no criminal antecedent is in custody since 27.09.2016. The chargesheet has already been submitted against the petitioner.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released 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 the Judicial Magistrate, First Class, Bhagalpur, in connection with Industrial Area P.S. Case No.38 of 2013. Out of the two sureties, one must be either parents or close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.
(Rajendra Kumar Mishra, J) P.S./-
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