Ashok Kumar Ojha @ Ashok Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50124 of 2021 Arising Out of PS. Case No.-195 Year-2019 Thana- DUMRAO District- Buxar ====================================================== 1.

Ashok Kumar Ojha @ Ashok Ojha S/o Late Haribans Ojha R/o Village Pidiyan, P.S. Dumraon, District Buxar.

2.

Rajesh Kumar Ojha @ Rajesh Ojha S/o Ashok Kumar Ojha @ Ashok Ojha R/o Village Pidiyan, P.S. Dumraon, District Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Dumraon P.S. Case No.195 of 2019, registered for the offences punishable under Sections 406, 420, 120(B), 323, 504, 506, 379 and 34 of the Indian Penal Code.

The allegation against the petitioners is of cheating the informant by taking money in lieu of treatment of wife of petitioner no.1, Ashok Ojha. It is further alleged that the petitioners did not not return the money and thereby cheated the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the informant and petitioners are

Patna High Court CR. MISC. No.50124 of 2021(2) dt.09-05-2022 2/2 close relatives and the petitioners admitted that they borrowed Rs.4,40,000/- through Cheques from the informant for marriage of daughter of petitioner no.1, Ashok Kumar Ojha, but they never borrowed Rs.10,70,000/- from the informant.

Learned counsel for the petitioners handed over a Cheque of Rs.4,40,000/- to the learned counsel for the informant today in Court bearing Cheque No. '800780', issued by Canara Bank, Dumraon Branch.

Taking into consideration the fact that the petitioners have handed over a Cheque of Rs.4,40,000/- to the informant today in Court, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No.195 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T