Raunak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23650 of 2015 Arising out of PS.Case No. -185 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Raunak Kumar Son of Sanjay Kumar Singh.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Atul Kumar Pandey, Advocate. For the Opposite Party : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Cheria-Bariyarpur P.S. Case No. 185 of 2014 for the offences instituted under Sections 342, 419, 420, 406, 467, 468, 469 and 471/34 of the IPC.
The prosecution story, in brief, is that the informant Dilip Kumar Das, has stated in his written petition that he is resident of 68/1/G, Canal Circular Road, Kolkata-700054, P.S. Phoolbagan and up till now from him and other 12 boys Rs. 85,000/- has been taken deposit in two instalments fraudulently by the Directors of Marines Marine Services on the pretext of service and training in Marines. It is further alleged that he alongwith other boys applied
2/4 for services in Merchant Navy at Mariners Marine Services, Red Building, District-Burdwan, West Bengal, in the light of advertisement published in Dainik Jagran, dated 07.03.2014. Thereafter, they appeared in written examination as well as oral examination in the Red Building. They were informed that there will be sea training of the candidates and salary will be Rs. 25,000/-. They got admitted in Mariners Marine Services, Red Building, G.T. Road, Kolkata. They were asked to appear at Burdwan on 10th July, 2014 for training. There, one person was present, who was said to be Captain, but they do not know the name of that person. When they reached at the said address, no one was present there, the house was locked. When he called on provided Mobile No. 09332238850, then he was informed for 15th July, but no place was informed.
After sometime, they were called at Cheria-Bariyarpur, near Siuri Bridge( Manihaul) O.P. DistrictBegusarai. They reached there and they found Director of Marines Marin Services, 1) Deepak Kumar, 2)Raunak Kumar(petitioner) and there associates, namely, 3) Mukund Kumar, 4) Mohan Kumar and 5) Aryan. They informed us that there will be theory course for five months in village Siuri in Mariners Marine Services.
3/4 either in Kolkata or at Mumbai. Thereafter, there will be nine months sea training. They took the amount of first instalment from those candidates, who had not paid first instalment. Uptill now total Rs. 85,000/- has been taken in two instalments by the candidates, the receipt of which has been provided. The Director of the Sansthan, Sri Deepak Kumar showed terms and conditions of training mentioned on non-judicial stamp. As soon as, they reached at the Sansthan, their mobile was seized and they were restricted to go outside. Anyhow from 15th July, 2014 till the day, they passed time. Thereafter, he found mobile numbers of two boys on the bed. Then he talked those boys, then they said that the Sansthan is forged, thereafter, they obtained the mobile numbers o D.M. and S.P. from Internet and informed them requesting to relieve them from the place. The accused persons have taken the original certificates of the candidates and not returned. In this way, the accused persons have cheated them on the pretext of service in Marines on forged and fabricated Sansthan.
It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case due to mistake of fact. It is further submitted that there was no assurance given on behalf of the petitioner or from the other with respect to giving job to any person rather they are having Coaching Institute
4/4 where they were giving education in respect to Maine Services. It is further submitted that the petitioner is ready to deposit an amount of Rs. 10,000/- in the court below which shall be subject to final disposal of the case.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances it is directed that the petitioner shall deposit an amount of Rs.10,000/- in the court below which shall be subject to final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Cheria-Bariyarpur P.S. Case No. 185 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T