Patna High CourtCR. MISC./19982/2018bail granted

Abdul Mannan Khan @ Abdul Mannan v. State Of Bihar And ANR

2018-04-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19982 of 2018 Arising Out of PS.Case No. -2475 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Abdul Mannan Khan @ Abdul Mannan S/o Abdus Samad, R/o VillageMohibalichak, P.S.- Jagdishpur (Habibpur), District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjay Kumar S/o Shri Shaligram Prasad Gupta, R/o Mohalla- K.N. Jha Lane Nathnagar, P.S.- Nathnagar, District- Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 06-04-2018 Heard learned counsel for the petitioner and learned APP the State.

The petitioner is apprehending his arrest in a complaint case, wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 406 and 420 of the Indian Penal Code. The prosecution case as per the Complaint Case No. 2475 of 2015 filed by Sanjay Kumar on 20.11.2015 is to the effect that petitioner being a IVth grade employee of Bhagalpur Civil Court assured the complainant to provide employment and for the same the complainant paid Rs.3,00,000/- in cash to the petitioner in three installments on 23.02.2012, 04.03.2012 and 03.01.2014.

Patna High Court Cr.Misc. No.19982 of 2018 (2) dt.06-04-2018 It is submitted by learned counsel for the petitioner that there is no proof with regard to the payment and for the payment made in 2012 and 2014 the complaint has been filed in 2015. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that considering the accusation and finding prima facie case the cognizance has been taken in the matter.

Considering the fact that the complainant chose to get employment through illegal means coupled with the delayed lodging of the complaint, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XI, Bhagalpur in connection with Complaint Case No. 2475 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T