Niraj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33647 of 2023 Arising Out of PS. Case No.-26 Year-2021 Thana- BIRAUL District- Darbhanga ====================================================== NIRAJ KUMAR JHA S/O RAM BHAROSH JHA R/O Village- Parri, P.S.- Biraul, District-Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate Mr. N. K Agrawal, Sr. Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 419, 420, 467 and 468/34 of the Indian Penal Code and Section 66D of the IT Act.

3. It is alleged that this petitioner ( Niraj Kumar Jha) in association with other co-accused namely Pabitra Gosh cheated Rs. 5,00,000/- from the informant's daughter, claiming himself as an administrative officer at Darbhanga and he also used to threaten Neha Kumari on her mobile phone.

4. The present F.I.R has been lodged with malafide intention after receiving the legal notice which was sent by coaccused Pavitra Ghosh to daughter of informant with a demand

Patna High Court CR. MISC. No.33647 of 2023(2) dt.25-07-2023 2/2 to return Rs. 4,85,153/- which was taken and transmitted in the account of daughter of informant. In reply, the daughter of informant admitted money transfer. It is only thereafter, this false and fabricated case has been lodged with a view to put pressure upon this petitioner not to demand the refund of money which has been taken by the daughter of the informant. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II Darbhanga in connection with Biraul P.S. case no 26 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T