Mrigendra Pratap Rai @ Mrigendra Pratap Rai @ Chunnu Rai And ANR v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.19454 of 2017 (2) dt.15-06-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19454 of 2017 Arising Out of PS.Case No. -1769 Year- 2009 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Mrigendra Pratap Rai @ Mrigendra Pratap Rai @ Chunnu Rai, son of Uma Shankar Rai @ Munna Rai,
2. Pratima Devi @ Pratibha Rai, wife of Mrigendra Pratap Rai @ Chunnu Rai, Both are residents of Village- Chhatu Bathua, Police StationFulwaria, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mohammad Amjad Ali, son of Mohammad Kasim, resident of Village & Police Station- Fulwaria, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Sri Asharaf Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-06-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with C. Case No. 1769 of 2009, Trial No. 1408 of 2016 registered under Sections 406, 417 and 323 of the Indian Penal Code.
The petitioners have been indicted with duping the complainant by taking Rs. 50,000/- from him to manage job for him in Airtel Company.
It is submitted by learned counsel for the petitioners
Patna High Court Cr.Misc. No.19454 of 2017 (2) dt.15-06-2017 that the petitioners are quite innocent and have falsely been implicated in this case. There is no chit of paper regarding the said transaction. Moreover, the complaint has been filed after lapse of 10 months without explaining the inordinate delay in retaliation of the complaint case No. 1791 of 2009 filed against the complainant by the petitioner.
Considering the aforesaid facts and circumstances of the case and the nature of allegation as made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gopalganj, in connection with C. Case No. 1769 of 2009, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Prakash Chandra Jaiswal, J.) Brajesh/- U T