Prabhas Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30703 of 2021 Arising Out of PS. Case No.-301 Year-2019 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.
Prabhas Jha S/o Late Manikant Jha 2.
Sunita Devi Jha @ Sunita Devi W/o Munmun Jha 3.
Munmun Jha Son of Late Manikant Jha all Resident of Village- Jairampur, P.O. Dharampur Latti, P.S.- Bihpur, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha, Adv.
For the State :
Mr. Ramchandra Sahni, APP For the Informant Mr. Sandeep Patil, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2022 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State through the virtual court proceeding.
Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 419, 420, 120B, 467, 468, 472, 452, 323, 379 and 149 of the Indian Penal Code but cognizance has been taken under Sections 323, 406, 420, 504 of the Indian Penal Code.
Patna High Court CR. MISC. No.30703 of 2021(4) dt.01-02-2022 2/3 The main allegation of cheating of complainant on the pretext of managing job in the railway is against co-accused Ritesh Kumar Jha.
It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that though petitioners are named in the FIR but no specific allegation of cheating or any criminal breach of trust has been alleged against them. He submits that there is inordinate delay of about one year in lodging the present complaint case and for the said delay no explanation has been given. He submits that there is specific allegation against co-accused Ritesh Kumar Jha. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposed the prayer for bail.
Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.30703 of 2021(4) dt.01-02-2022 3/3 learned court below where the case is pending/successor court in connection with Complaint Case No. 301 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T