Sanjay Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39363 of 2015 Arising Out of PS.Case No. -2183 Year- 2013 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Sanjay Sharma S/o Gulli Sharma Resident of Village- Bailahi, P.S.- Andar, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Guddu Kumar Yadav son of Nagendra Yadav resident of Belahi, P.S.- Andar District- Siwan.

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Sahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 05-10-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 406 of the Indian Penal Code.

The prosecution case is that the petitioner realized Rs.80,000/- for providing employment to the complainant abroad. Subsequently, the complainant was provided employment in Gulf country.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.39363 of 2015 (2) dt.05-10-2015 2/2 petitioner that even assuming the accusation no offence under Section 406 IPC is made out. Moreover, there is nothing on record to suggest that the entrustment of money was made to the petitioner.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Siwan in connection with Complaint Case No. 2183 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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