Jaiprakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53205 of 2018 Arising Out of PS.Case No. -187 Year- 2018 Thana -MARHAURA District- SARAN ====================================================== Jaiprakash Singh, Son of Shankar Singh, resident of Village - Murli Sirisiya, P.S. Marhaura, District Saran at Chapra. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is seeking anticipatory bail in connection with Marhaura P.S. Case No.187 of 2018 registered for offences punishable under Sections 323, 341, 467, 406, 468, 420 and 471 of the Indian Penal Code.

Learned counsel for the petitioner submits that the present case has been lodged on an allegation that on 23.06.2014 i.e. about four years back the informant had given a sum of Rs.7,50,000/- in cash to the petitioner for purpose of providing a job to the relative of the informant and four other persons. It is alleged that when the informant went to join the job with the joining letter, it was found that the joining letter was forged and

Patna High Court Cr.Misc. No.53205 of 2018 (2) dt.08-10-2018 fabricated, whereupon he went to the residence of petitioner and demanded the amount which he had given to him. It is alleged that about 8-10 co-villagers assembled there and said that the petitioner has not taken any money and informant was asked to leave the place.

Learned counsel for the petitioner submits that the petitioner has been falsely involved in this case as the sister of the petitioner got job in the Anganwari, whereas the relative of the informant could not get the job. It is submitted that it is only because of this reason that after four years the present false case has been lodged. It is submitted that no means of payment has been disclosed by the informant.

On the other hand, learned APP for the State opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case where the allegation is that about four years back a sum of Rs.7,50,000/- has been paid by the informant to this petitioner for purpose of getting a job and in the complaint there is no indication as to how such payment could be made in cash to the petitioner as also that the petitioner has no criminal antecedent, in case of arrest or surrender of the petitioner within a period of four weeks from today, the above named petitioner is directed to be enlarged on

Patna High Court Cr.Misc. No.53205 of 2018 (2) dt.08-10-2018 bail on furnishing bail bonds of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Saran at Chapra in connection with Marhaura P.S. Case No.187 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T