Raja Chatterjee v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.32800 of 2016 (4) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32800 of 2016 Arising Out of PS.Case No. -2277 Year- 2003 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Raja Chatterjee, aged 42 years S/o Tripti Moy Chatterjee Of Kolaba Chambers, 1st Floor, Cannaught Place, P.S.- Parliament Street, New Delhi110001. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jai Shankar Prasad Jha S/o Late Ugra Narayan Jha, Director Sitara Airlines and investment India Ltd., F/No.123, P.C. colony, Kankarbagh, P.S. Kankarbagh, Town and District Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Laxmi Narayan Das, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the complainant. The petitioner is apprehending his arrest in a case registered under Section 420 of the Indian Penal Code.

Allegation against the petitioner is that he cheated Rs.78,290/- from the complainant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. As per the allegations, Rs.75,000/- was paid to the petitioner for making a necessary publication of the advertisements. From perusal of the

Patna High Court Cr.Misc. No.32800 of 2016 (4) dt.11-01-2017 Annexure-3 series to the supplementary affidavit, it is evident that all the advertisements were published as back as in the year 2003 in pursuance of the agreement entered into the parties. On behalf of the State and learned counsel for the complainant, it is submitted that the petitioner is named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Divya Mita, Judicial Magistrate, 1st class, Patna in connection with Complaint case No.2277(C) of 2003 (Trial No.1206 of 2004), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T