Mohammad Imteyaz @ Lalu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17267 of 2015 Arising Out of PS.Case No. -747 Year- 2009 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Mohammad Imteyaz @ Lalu, Son of Md. Ibrahim, Resident of villageChhitauli, P.S.- Gorea Kothi, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jamshed Ali, Son of Late Jon Mohammad, resident of village- Ratan Sarai, Tola Surwan, P.O. & P.S.- Barauli, District- Gopalganj .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 04-06-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.747 of 2009 registered under Section 406 of the Indian Penal Code.

The allegation against the petitioner and the co-accused, Md. Ibrahim is that they took Rs.50,000/- from the complainant to provide job in a gulf country but neither the job has been provided nor the money has been returned to him by them despite repeated demand.

Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.17267 of 2015 (2) dt.04-06-2015 2/2 submits that, in fact, the complainant has taken Rs.65,000/- from the petitioner and on repeated demand by the petitioner he did not return the same to the petitioner and as the complainant does not want to return the money, he has filed this false complaint case against the petitioner and the co-accused, Md. Ibrahim, only with a view to digest the money of the petitioner . It is further submitted that the similarly situated co-accused, Md. Ibrahim, has already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 02.04.2014 passed in Criminal Misc. No.52525 of 2013.

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 four weeks, 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 the Judicial Magistrate, First Class, Gopalganj, in connection with Complaint Case No.747 of 2009, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T