Om Prakash Giri And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46530 of 2014 Arising Out of PS.Case No. -2136 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Om Prakash Giri, Son of Sri Raghuvir Giri

2. Jai Prakash Giri, Son of Sri Raghuvir Giri Both resident of village - Tola - Chainpur, Panchayat, Pakaridikshit, Police Station - Kalyanpur, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shambhu Giri, Son of Sri Badri Giri, Resident of village - Bariyarpur Bazar, Police Station - Motihari, District - Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Anil Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 16-04-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a protest -cum- complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

It is alleged that the complainant, who is related to the petitioners, came to know that the petitioners are providing employment as Panchayat Teacher when he desired to get employed as Panchayat Teacher then petitioners

Patna High Court Cr.Misc. No.46530 of 2014 (02) dt.16-04-2015 2/2 demanded Rs.3,00,000/- but the complainant gave them Rs.2,50,000/-, but neither the employment was provided nor the money was returned.

During investigation the accusation was found false and final form was submitted which was accepted but on protest process has been directed to be issued. Considering the fact that the accusation was not found true during investigation and a statement has been made in para 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Motihari in connection with Complaint Case No. C-454 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T