Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30223 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -KANKARBAGH District- PATNA ====================================================== Karan Kumar, son of Sri Dilip Kumar, resident of Mohalla- A/1, Peoples Cooperative Colony, Kankarbagh, Patna 800020, Police StationKankarbagh, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kameshwar Prasad Sinha For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kankarbagh P.S. Case No. 102 of 2017, registered under Sections 406 and 420 of the Indian Penal Code. The accusation is that petitioner being the Director of BITS College, Patna, approached the informant, Dr. Raj Kishore Prasad, posted as Assistant Professor in N.M.C.H., Patna, and assured to get the admission in medical college of his daughter on payment of Rs.37,00,000/- as tuition fee and other charges. While financial position of the informant was not good and he asked to pay the money through cheque, but

the petitioner was not ready to receive money by cheque/draft. Thereafter, informant arranged Rs.37,00,000/- and gave to the petitioner in cash. In spite of passing some days, the admission of his daughter could not be taken. Thereafter, informant approached the petitioner several times and made request to return the money but the petitioner did not return the said money.

Learned counsel for the petitioner submits that while the allegation has been made against the petitioner about taking Rs.37,00,000/- for managing to get admission of the daughter of the informant in medical college at Banglore, but the informant has not produce any paper regarding the same. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the Chief Judicial Magistrate, Patna, in connection with Kankarbagh P.S. Case No. 102 of 2017, subject to the condition as laid down under

Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T