Tarun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23710 of 2019 Arising Out of PS. Case No.-998 Year-2015 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Tarun Kumar, Son of Kishori Prasad, Resident of Village - Bigaha, P.S.- Nagarnausa, District- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumari Aruna, Wife of Arun Kumar, Resident of Village - Yogipur, P.S.- Hilsa, District- Nalanda, At present Mohalla- Gabarapar, P.S.- Hilsa, District -Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 998-C of 2015, disclosing offences under Sections 417 and 420 IPC.

In this case earlier notice was issued to the opposite party no.2-complainant but neither the service report nor the acknowledgment received. Thereafter, the case was posted for 22.07.2019 and thereafter, office notes disclosed that the notice of opposite party no.2 was received by her Niece and acknowledgment of registered cover has not been returned. Later on, further office notes dated 02.08.2019 disclosed that the acknowledgment has not been returned and it appears that till now the acknowledgment of the registered notice has not been returned.

Patna High Court CR. MISC. No.23710 of 2019(8) dt.28-08-2019 2/3 In such view of the matter, the case was taken up for admission, as this case has been filed in the month of April 2019.

Allegation against the petitioner is that he allured the complainant to pay Rs.4,00,000/- for providing a job to his wife and he has given the amount but he has not provided the job and he is not returning the amount.

Submission of the learned counsel for the petitioner is that she has no document in support of the case of the complainant that he has paid any amount to the petitioner. Moreover, the petitioner is a simple man, he has no occasion to provide job to the wife of the informant.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate- I, Hilsa, Nalanda, in connection with Complaint Case No. 998-C of 2015, subject to the condition laid down under Section 438(2) of the Code of

Patna High Court CR. MISC. No.23710 of 2019(8) dt.28-08-2019 3/3 Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T