Rajesh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48150 of 2016 Arising Out of PS.Case No. -782 Year- 2015 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Rajesh Yadav Son of Late Laxmi Yadav resident of Village- Karmashi Tola, Mishrauli, Police Station- Bhore, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shivnath Chaudhary son of Rajbanshi Chaudhary resident of VillageSiyadi Mathia, P.S.- Siwan Muffassil, District- Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nityanand Mishra For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-12-2016 Heard both sides.

The petitioner along with other accuseds are facing prosecution under sections 406 and 120-B IPC vide Complaint Case No. 782 of 2015.

In the name of sending the son of the complainant to the foreign country, it is alleged that a sum of Rs. 90,000/- was cheated from him by the accused persons.

Counsel for the petitioner draws attention of the Court to the complaint wherefrom it appears that a sum of Rs. 90,000/- was given to the co-accused Haresh Yadav, who after counting it gave the same to Mukhtar Mian. It is submitted that the petitioner did

Patna High Court Cr.Misc. No.48150 of 2016 (2) dt.15-12-2016 2/2 not receive any amount. By way of embellishment, he has been named in the case, although he is the resident of different district. The petitioner has no criminal antecedents.

Considering the above, let the petitioner named above, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st, Siwan in Complaint Case No. 782 of 2015 (Tr. No. 2043 of 2015) on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T