Arun Kumar Jha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54941 of 2015 Arising Out of PS.Case No. -120 Year- 2015 Thana -SONBERSA District- SAHARSA ======================================================

1. Arun Kumar Jha Son of Rameshwar Jha

2. Rajesh Kumar Jha son of Arun Kumar Jha Both Residents of Village+ Po-Basudeva, P.s Bangao, District Saharsa.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Amarnath Jha For the Opposite Party : Mr. P.K.Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2016 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Sonbarsa Raj (Kashnagar OP) P.S. Case No. 120 of 2015 for the offences instituted under Sections 384, 467, 468, 420, 406, 409 and 120(B) of the Indian Penal Code. As per prosecution case that the informant is Incharge of Primary School, Sonbarsa and the money has been provided for the said school and due to land dispute the school building could not be constructed and then the sanctioned money should be returned to the department concerned on which she asked from DPO who came with one Rajeh Kumar Jha and told that this person is the staff of SSA and ordered her to give money to this

person and the money will be adjusted and the informant has given Rs.7,38,744.00 to that person through several cheques. The informant has claimed that the accused persons cheated and misappropriated the amount of Rs.10,87,848/- with ill motive. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have been made accused due to mistake of fact. It is further submitted that petitioners are ready to deposit an amount of Rs.75,000/- jointly in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners shall deposit an amount of Rs.75,000/- jointly in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sonbarsa Raj (Kashnagar OP) P.S. Case No. 120 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Saharsa, subject to the conditions

as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T