Arun Kumar Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39265 of 2018 Arising Out of Case No. -2382 Year- 2016 EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Arun Kumar Mishra S/o Late Gopi Kant Mishra, R/o Vill.- Pandaruch, P.S.- Kamtaul, District- Darbhanga, at present R/o Vill.- Pachpakri, P.S.- Dhaka, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chunchun Jha S/o Late Harikant Jha, R/o Vill. + Post Telhara Kalan, P.S.- Kundwa Chainpur (Dhaka), District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Narayan For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2018 Heard both sides.

The petitioner apprehends his arrest in Complainant Case No. 2382 of 2016 registered for the offence allegedly committed by the petitioner under Sections 420, 323, 341 and 504 of the Indian Penal Code.

The complainant alleged that the petitioner along with two other persons came to his residence and assured the complainant to provide job to his son. The complainant paid Rs. 2,26,000/- in presence of witness to the petitioner. Petitioner is a Marketing Officer of Kundwa Chainpur. Prior to institution of this case, petitioner lodged Kundwa Chainpur P.S. No. 74 of 2016

Patna High Court Cr.Misc. No.39265 of 2018 (4) dt.20-07-2018 2/3 under Section 409 and 420 of the IPC and under section 7 of the E.C. Act on 26.08.2016. The complainant filed this case only on 29.11.2016. It is further submitted that the money is said to have been transferred in the accounts of Anjali Shandilya and others but the petitioner had no knowledge about such transactions. It appears that the complainant alleged that the petitioner on the pretext of providing job to his son took money from the complainant and the complainant also transferred money in the name of son and daughter of the petitioner but there is no chit of papers to show that the petitioner received any money from the complainant. Prior to institution of this complainant case the petitioner being Block Supply Officer lodged Kundwa Chainpur P.S. Case No.

74 of 2016 on 26.08.2016 under Section 409 and 420 of the IPC and under Section 7 of the E.C. Act. Taking into consideration the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.39265 of 2018 (4) dt.20-07-2018 3/3 Motihari in connection with Complainant Case No. 2382 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/Rajan U T