Sheshnath Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5787 of 2018 Arising Out of PS. Case No.-14 Year-2017 Thana- MATIARIA District- West Champaran ====================================================== Sheshnath Chaurasiya S/o Late Bharat Chaurasiya, R/o Village- Narainapur, P.S.- Ramnagar, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagjit Roshan For the Opposite Party/s :

Mr. SMT. VEENA RANI PRASADD.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and the State. This is an application for regular bail in connection with Matiaria P. S. Case No. 14 of 2017 registered for the offences punishable under Sections 406, 420, 467, 468 and 34 of the Indian Penal Code.

Informant had filed a complaint case before the Magistrate, Bettiah, West Champaran, which was referred to police for institution of FIR in which it is alleged that accused petitioner used to come at the house of his maternal cousin from where he was known to the informant. The accused petitioner was present at the house of maternal cousin and promised to give job abroad and for this they have to submit their passport and Rs. 1,20,000/- and thereafter Visa will be provided and agreement will be made. Complainant and witnesses no. 1 and 2 came under the influence of petitioner and on 20.12.2015 they

Patna High Court Cr.Misc. No.5787 of 2018(4) dt.28-02-2018 2/2 deposited Rs. 40,000/- and passport to the petitioner and he promised within two months he will arrange for his job and Visa and he should be ready with the rest amount on 21.7.2017. Thereafter, a cheque of Rs.25,000/- and Rs. 15,000/- in cash was paid by informant and Rs.40,000/- cash by two witnesses. Subsequently, remaining Rs.40,000/- was paid but neither Visa was given nor any job was provided.

It has been submitted by the counsel for petitioner that said Agency for which petitioner used to work and had to provide job fled away with money and passport.

Considering facts and circumstances of the case, petitioner is directed to pay Rs.25,000/- to the informant and on payment of Rs.25,000/- to the informant, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd, Bettiah, West Champaran, in connection with Matiaria P. S. Case no. 14 of 2017. It is made clear that payment made is subject to result of the trial.

(S. Kumar, J) sudip/- U T