Amresh Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32086 of 2016 Arising Out of PS.Case No. -156 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Amresh Kumar Jha son of Late Tej Narayan Jha, Resident of Village- Bihat Tola, Jagir, P.S.- Barauni, District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bakshi S.R.P Sinha, Sr. Adv. For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-09-2016 Heard both sides.
The petitioner apprehends his arrest in Barauni F.C.I. P.S. Case No. 156/2016, registered for the offences punishable under Sections 467, 468, 471, 406 and 34 of the Indian Penal Code.
The informant Devendra Ram alleged that Raushan Kumar Singh took Rs. 3,50,000/- in the month of April, 2013 from him on the pretext of providing job to his son in Group 'D' Railway Department. He further alleged that out of which Raushan Kumar Singh took Rs. 1,90,000/- and the informant gave Rs. 1,60,000/- to Amresh Kumar Jha (petitioner), but neither money was returned nor his son was provided any job. Mr. Bakshi S.R.P. Sinha learned senior counsel for the
Patna High Court Cr.Misc. No.32086 of 2016 (3) dt.29-09-2016 2/3 petitioner submits that Devendra Ram filed this case on 13.04.2016 after lapse of three years. On same and similar allegation Moti Kumar son of the informant filed complaint case no. 1284/2015 on 01.04.2016, but the petitioner was not figured as an accused. Gaurav Kumar also filed a complain in which Moti Kumar is one of the witnesses. The petitioner filed informatory petition before the Chief Judicial Magistrate, Begusarai. The petitioner never received any money from the informant or his son. The petitioner has falsely been implicated in the case. It appears that the informant did not produce any chit of paper to show that the petitioner received any money from him. The son of the informant filed complaint case no. 1284/2015 on the same and similar allegation in the year 2015 itself, but he did not make any allegation against the petitioner. Gaurav Kumar has also filed a complaint case, but the petitioner was not figured as an accused in the case.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.32086 of 2016 (3) dt.29-09-2016 3/3 satisfaction of Chief Judicial Magistrate, Begusarai in connection with Barauni F.C.I. P.S. Case No. 156/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T