Manoj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6000 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Manoj Kumar Jha, Son of Devendra Jha, Resident of Village- Sugauna, P.S.- Rajnagar, District- Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Saroj Kumar For the Opposite Party/s : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Madhubani (Town) P.S. Case No. 109/2015, disclosing offences under sections 406, 409, 420, 120B of the Indian Penal Code.

The First Information Report came to be instituted under section 156(3) Cr.P.C. on the basis of complaint case filed by the informant. Allegedly, the petitioner had approached the informant and persuaded him to deposit money in Reliable Gems and Jewelry Limited Company. The informant is said to have deposited some amount with him and had persuaded others also to deposit money in the said company for the purpose of good

Patna High Court Cr.Misc. No.6000 of 2016 (2) dt.24-02-2016 returns.

Learned counsel, appearing on behalf of the petitioner, has taken me to the contents of the complaint petition to submit that the informant has not specified the amount which he had deposited in the account of the said Company, on persuasion made by the petitioner. He submits that the allegation against the petitioner is vague. He further submits that lodging of the compliant petition after about three years of the occurrence casts doubt over the veracity of the prosecution case.

Considering the submissions as above, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in Madhubani (Town) P.S.Case No. 109/2015 (G.R.No. 708/2015), subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear

Patna High Court Cr.Misc. No.6000 of 2016 (2) dt.24-02-2016 before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U