Rakesh Ranjan Chaudhary @ Tutu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56657 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rakesh Ranjan Chaudhary @ Tutu, Son of Bigan Chaudhary, Resident of Village- Bhatauliya, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner.
Versus
The State of Bihar.
.... .... Opposite Party.
====================================================== Appearance :
For the Petitioner : Mr. Chandra Mohan Jha, Advocate. For the State : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 07-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Chakia P.S. Case No.233 of 2016 registered under Sections 420 and 406 of the Indian Penal Code.
The accusation is that this petitioner, his son Shaney Kumar, wife Gita Devi and daughter Sonali Kumar had visiting term with Md. Wasim, the cousin brother of the informant. In that course, the petitioner introduced himself as I.G. of C.R.P.F. and asked that he will manage to get the job provided in C.R.P.F. on payment of Rs.2,00,000/-. Thereafter, 21 persons, named in the F.I.R., each gave Rs.1,00,000/- to the petitioner. The petitioner
Patna High Court Cr.Misc. No.56657 of 2017 (2) dt.07-12-2017 2/3 handed over the aforesaid money to his wife, who after counting the same kept with her. In spite of much approach, neither the job was provided to the aforesaid 21 persons nor the money was returned to them by the petitioner.
Learned counsel for the petitioner submits that the petitioner is Constable in the C.R.P.F. and Md. Wasim, the cousin brother of the informant, is Commandant in the C.R.P.F. Due to that reason, the petitioner used to come at the house of Md. Wasim, the brother of the informant. In fact, the informant collected the money from 21 persons, named in the F.I.R., in the name of his cousin brother Md. Wasim to get them provided the job but neither the job was provided nor the money was returned to them. Thereafter, only to save the skin of his cousin brother Md. Wasim, the informant has lodged this false case only to put undue pressure upon the petitioner, his wife and children. The petitioner has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIII, East Champaran,
Patna High Court Cr.Misc. No.56657 of 2017 (2) dt.07-12-2017 3/3 Motihari, in connection with Chakia P.S. Case No.233 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T