Ranjan Jha @ Ranjan Kr. Jha And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46611 of 2017 Arising Out of PS.Case No. -1064 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================
1. Ranjan Jha @ Ranjan Kr. Jha Son of Sri Umesh Jha Resident of village- Sant Kabir Road, Near Ramroop Goswami College, Banuchhapar, P.S.- Bettiah Muffasil, District- West Champaran
2. Prabh Kant Thakur (P.K. Thakur) Retired PSI, Bettiah Town, P.S.- District- West Champaran .... .... Petitioners
Versus
1. The State of Bihar
2. Arzoo Khan Son of Late Rahamatullah Khan resident of Samaharnalaya Chowk, Block Road Bettiah, P.S.- Bettiah Town, District- west Champaran .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners, learned counsel appearing on behalf of the informant, and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Complaint Case No. 1064 (C) of the 2016, registered under Section 406 of the Indian Penal Code.
The allegation of complainant-O.P. No.2 Arzoo Khan is that on assurance to give job he handed over Rs. 2,50,000/- to Abdul Rashid, Director of R & F Travels Solution Pvt. Ltd situated at Delhi for making arrangement of job for him in gulf country Abdul Rashid also given three cheques of Rs. 1,29,000/- as a guarantee. In spite of passing over much time, Abdul Rashid did not manage to provide any
Patna High Court Cr.Misc. No.46611 of 2017 (2) dt.22-09-2017 2/3 job. Then he approached to Abdul Rashid, who asked to encash the three cheque as given by him as security when the complainant-O.P. No.2 presented the said cheques, but the same could not be encashed due to insufficiency of money in the account of Abdul Rashid. Thereafter, he lodged Bettiah Town P.S. Case No. 502 of 2013, which was being investigated by the petitioner No.2 who asked to complainant-O.P. No.2 managed to travel at Delhi on assurance that he will manage to return all his money. Thereafter, complainant and petitioner No.2 went to Delhi and talked to Abdul Rashid and told that matter has been settled and the money will be returned at Bettiah.
Thereafter, Abdul Rashid came at Bettiah and compromise petition was filed, when complainant asked to pay money then Abdul Rashid gave Rs. Five lakhs stated that after disposal of the case the money will be handed over to him then he hand over Rs. Five Lakhs to petitioner No.2, where petitioner No.1 was also present. The petitioner No.2 moved from there on the pretext that he has called by the S.P. Office. Later on, he did not return.
Learned counsel for the petitioners submits that, in fact, Tettiah Town P.S. Case No. 502 of 2013 has been disposed of after filing of the compromise petition about receiving of money, but with ulterior motive, the present case has been filed only to give pressure. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period
Patna High Court Cr.Misc. No.46611 of 2017 (2) dt.22-09-2017 3/3 of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-II, West Champaran, Bettiah in connection with Complaint Case No. 1064 (C) of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T