Randhir Kumar Jha @ Randhir Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17114 of 2023 Arising Out of PS. Case No.-1837 Year-2016 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Randhir Kumar Jha @ Randhir Jha Son Of Late Jai Jai Ram Jha Resident Of Village- Ojhaul , Ps- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sumit Kumar Ray Son Of Late Kailash Prasad Ray Resident Of VillageMarwa, Ps- Bihpur, District- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad Mr.Subodh Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner, State and complainant/opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 420 of the Indian Penal Code.

3. It is alleged that on the false pretext of providing a job, this petitioner procured Rs. 1,55,000/- (Rupees one lac fifty thousand) from the complainant.

4. It is submitted on behalf of petitioner that it is outand-out a false and concocted case. At no point of time, the petitioner has taken any money from the informant There is no

Patna High Court CR. MISC. No.17114 of 2023(3) dt.25-07-2023 2/2 documentary proof that complainant has given any money to petitioner.

5. However, learned counsel for the complainant/opposite party no. 2 vehemently opposes the prayer for anticipatory bail and submits that petitioner is posted in police department and has taken Rs. 1,55,000/- from the complainant on the pretext of providing him job, but neither he provided job to complainant nor returned his money.

6. Considering the fact that complainant has voluntarily parted with the money for an illegal purpose of securing appointment in govt. service, which itself was an offence, he can not urge that he has been cheated. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Complaint Case No. 1837 of 2016, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T