Chandra Shekhar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50309 of 2023 Arising Out of PS. Case No.-16 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== CHANDRA SHEKHAR SAH Son of Late Ramjee Sah Resident of at Shivam E. Series, Tilaknagar, Station Road, Near J.M. Public School, P.S. and P.O.- Begusarai, District-Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP For the Complainant :

Mr.Anil Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 Heard learned counsel for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 406, 409, 420, 468, 471, 472 of the IPC.

3.

Allegedly, the petitioner and other co-accused are involved in cheating the money of the complainant on the pretext of admission in their college.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has three criminal antecedent. The complainant has alleged that she paid Rs.1,22,000/- for taking admission in the said college but out of the same, Rs.17,000/- has been paid in the name of co-accused Mintu Kumar. It is fairly submitted on

Patna High Court CR. MISC. No.50309 of 2023(8) dt.30-01-2024 2/2 behalf of the petitioner and mentioned in para-3 of the supplementary affidavit that petitioner is ready to return the remaining amount of Rs.1,05,000/- to the complainant in six installments, which comes to Rs.17,500/- per month. 5.

Learned counsel for the complainant has no objection. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for a period of six months from today, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with C.R. No.16 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7.

The provisional bail of the petitioner shall be confirmed by the learned court below itself after verifying that the petitioner has returned the total amount of Rs.1,05,000/- to the complainant within the stipulated period.

(Anjani Kumar Sharan, J) pallavi/- U T