Prateek Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20166 of 2016 Arising Out of PS.Case No. -253 Year- 2015 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Prateek Raj, s/o- Ramashray Singh, R/o Mohalla- Kuraich, Sasaram, P.S.- Sasaram (M), District- Rohtas (Sasaram). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uma Shankar Singh For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406,419,420 and 120B/34 of the Indian Penal Code.

The prosecution case is that petitioner Prateek Raj, co accused Prakash Kumar Pandey, Dheeraj Kumar Singh, Manish Kumar and Pratik Harsh persuaded the informant for getting the son of the informant admitted in MIT Engineering course at Pune. Consequently, the informant made payment of Rs.3,70,000/- through account transfer as well as through bank draft but neither the son of the informant was admitted in engineering course nor the money was returned.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.20166 of 2016 (2) dt.06-05-2016 2/2 that there is nothing on record to suggest that the payment was made to the petitioner. It is further submitted that the money was transferred in the account of other co accused and not a single penny in the account of the petitioner. The fact that the money was not transferred in the account of the petitioner has not been controverted by the learned counsel for the informant. Considering the aforesaid facts, 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Aurangabad Mufassil P.S. Case No. 253 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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