Amit Kumar Jha @ Happy v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.25227 of 2017 (3) dt.07-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25227 of 2017 Arising Out of PS.Case No. -663 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Amit Kumar Jha @ Happy, son of Navin Kumar Jha, Resident of Village - Bhojpatti, P.S. Sarai, Dist - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Devendra Kumar, son of Shri Ram Lalit Kunwar, R/V - Paroo Malahi, PO & PS - Sarai, Dist - Vaishali.

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

For the Petitioner/s : Mr. Sabal Kumar Jha For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 663 of 2014, registered under Sections 406 and 420 of the Indian Penal Code.

The allegation of complainant-opposite party no. 2 is that petitioner along with Navin Kumar and Bhushan Prasad approached to him for admission of his son and nephew in N.I.T. Bhubneshwar, on payment of donation Rs.2,20,000/- for the Academic Sessions 2012-16. Accordingly, on instruction of the petitioner and other co-accused, the complainant handover the aforesaid amount on different hands but they did not take any heed for taking admission of his son and nephew. The complainant-

Patna High Court Cr.Misc. No.25227 of 2017 (3) dt.07-09-2017 opposite party no. 2 anyhow got admission of his son and nephew. When the informant contacted to Bibha Kumari, the she informed that Rs.40,000/- as given to her, was withdrawn by the petitioner. In spite of sending the legal notice to the petitioner and other accused they did not return the money.

Learned counsel for the petitioner submits that, in fact, the petitioner was the student of N.I.T. Bhubneshwar at the time of all3eged occurrence and in course of taking admission of his son and nephew complainant-opposite party no. 2 met with the petitioner but due to ulterior motive the petitioner has falsely been implicated in this case.

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, Hajipur at Vaishali, in connection with Complaint Case No. 663 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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