Sunny Deol Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47141 of 2016 Arising Out of PS.Case No. -413 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Sunny Deol Singh S/o Arua Singh Chandrabanshi, Village- Mahauna, P.s. Sasaram, District- Rohtas.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471, 386 of the Indian Penal Code.

The accusation against the petitioner is that he took near about rupees seventeen lacs from the informant on pretext to get his daughter admitted in a private medical college. Submission on behalf of the petitioner is that petitioner is employee of a private medical college and the Bhawa of informant was student in the said medical college and as a matter of fact, the informant pressurized the petitioner to help him

Patna High Court Cr.Misc. No.47141 of 2016 (3) dt.09-12-2016 2/2 so that the fee of Bhawa of informant could reduce but when petitioner refused to oblige the informant, the informant lodged this false case. It is further submitted that even if the prosecution story assumed to be true, then also, it is well settled principle of law that if for an illegal purpose any payment is made, then in that circumstance, case under Section 406 or 420 of the Indian Penal Code is not made.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioner has already been completed, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram Town Model P.S. Case No. 413 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T