Shashi Bhushan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29383 of 2019 Arising Out of PS. Case No.-79 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== SHASHI BHUSHAN TIWARI Son of Late Bigan Tiwari, Resident of villageSirsa, P.S. Muffasil, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Pandey For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2019 Heard the learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Complaint Case No. 79/2017, instituted for offences u/s 420, 406, 504 and 506 of the Indian Penal Code.

Earlier prayer for anticipatory bail of petitioner was rejected by this Court in Cr. Misc. No. 15693/2018 dated 04.07.2018 for non-compliance of peremptory order. It is alleged in the complaint petition that in November, 2013 complainant went at Jehanabad Aerodrome for recruitment in Army where he participated in running test but he could not complete aforesaid test. Thereafter complainant met with accused persons including this petitioner. The accused persons gave allurement to the complainant that they will

Patna High Court CR. MISC. No.29383 of 2019(3) dt.15-05-2019 2/2 provide government job in Army to all persons who will pay Rs. 4 lacs per person. The complainant has further alleged that influenced by the allurement of accused persons he agreed to pay Rs. 4 lacs per person for the job. It is alleged that complainant and other witnesses any how arranged the money and gave the same to co-accused Santosh Yadav on 15.12.2013. In spite of that, complainant and other persons did not get service. Thereafter complainant along with other persons, who had paid Rs. 4 lacs to the accused persons, went to the house of accused persons in Katihar. It is alleged that accused persons gave threat to kill the complainant and others, if they will demand any amount.

Keeping in view the nature of allegation, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for bail of petitioner is rejected. The petitioner is directed to surrender before the Court below within six weeks from the date of receipt/production of a copy of this order and pray for regular bail, which shall be considered in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) rakhi/- U T