Abhishek Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44172 of 2016 Arising Out of PS.Case No. -1486 Year- 2015 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Abhishek Kumar, Son of Rajendra Prasad Sharma, Resident of MohallaWest Church Road, Professor Colony, P.S.- Rampur, District- Gaya. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Satish Kumar, Son of Late Subedar Sharma, Resident of MohallaHorilganj, P.O.- Jehanabad, P.S.- Town Jehanabad, District- Jehanabad. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : M/s. Ramakant Sharma, Senior Advocate and Shivendra Prasad, Advocates.

For the State : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 24-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.1486 of 2015/Tr. No.1084 of 2016 registered under Section 420 of the Indian Penal Code.

The accusation is that this petitioner, under conspiracy, used to take the money from the persons on giving assurance to provide job to them. In that course, the complainant/opposite party no.2 Satish Kumar, witness no.3 Mantu Sharma, witness no.4 Mukesh Kumar and witness no.7 Jayant Kumar also gave money to the petitioner for providing the job to their wards but still Rs.44000/- of the complainant/opposite party no.2, Rs.10,000/- of the witness no.3 Mantu

Patna High Court Cr.Misc. No.44172 of 2016 (2) dt.24-10-2016 2/2 Sharma, Rs.40,000/- of the witness no.4 Mukesh Kumar and Rs.2,00,000/- of the witness no.7 Jayant Kumar is due upon the petitioner, while the job has not been provided to their wards. Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner is the son of the co-accused Rajendra Prasad Sharma and the cousin of the complainant/opposite party no.2 Satish Kumar but due to grudge, this false complaint case has been filed by the complainant/opposite party no.2. Moreover, no chit of paper has been submitted in course of investigation to show that the petitioner and his father had taken money from the complainant/opposite party no.2 and the aforesaid witnesses.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Deepanshu Shrivastava, Judicial Magistrate, First Class, Gaya, in connection with Complaint Case No.1486 of 2015/Tr. No.1084 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T