Rajesh Kumar @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57027 of 2018 Arising Out of PS.Case No. -618 Year- 2011 Thana -DEHRI TOWN District- SASARAM (ROHTAS) ====================================================== Rajesh Kumar @ Abhishek Kumar, Son of Birendra Prasad Singh @ Birendra Singh, Resident of B/4 Bihar Police Radio, R.S. Bhavan, Bailey Road, Patna at present residing at V-Area Uffarpura Sabarinagar, Police Station- Phulwarisharif, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Ojha, Adv. For the State : Mr. Humayou Ahmad Khan, APP For the Informant : Mr. Dhirendra Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 1044 (C) of 2011 corresponding to Dehri (Dalmianagar) P.S. Case No. 618 of 2011 registered under Sections 420, 406, 467, 468, 471 & 120-B of the Indian Penal Code.

It is submitted that save and except the ocular allegation that the informant paid Rs. 11 lakhs to one Anshu Ankit for the purpose of admitting her son in M. S. Course at Gujarat, there is no other evidence to connect the petitioner with the

Patna High Court Cr.Misc. No.57027 of 2018 (2) dt.06-10-2018 2/2 offence alleged. He contended that the complaint was filed after one and half year and there is no explanation for the undue delay caused in filing the complaint, which was referred to the police for institution of the FIR.

On the other hand, learned counsel for the informant submitted that it was the petitioner who had persuaded the informant that her son would be admitted in M.S. Course through Anshu Ankit.

Be that as it may, regard being had to the nature of the offence and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Dehri in connection with Complaint Case No. 104 of 2011 corresponding to Dehri (Dalmianagar) P.S. Case No. 618 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/Sneha U T