Rajesh Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43841 of 2015 Arising Out of PS.Case No. -58 Year- 2013 Thana -KALUAHI District- MADHUBANI ====================================================== Rajesh Kumar Jha S/o Shree Nityanand Jha, Resident of Village - Vatraghat, P.S. - Bishfi, District - Madhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vitesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Nityanand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.
04-01-2016 Heard both sides.
The petitioner apprehends his arrest in Kaluahi P.S. Case No. 58/2013, registered for the offences punishable under Section 419 and 420 of the Indian Penal Code.
The petitioner is not named in the FIR. The informant named Dilip Mishra that he deposited money in the account of Dilip Mishra after receiving call from mobile no. 07842667106. The informant also received call from 7702818352 and altogether he deposited Rs. 71,000/- in the account of Dilip Mishra. It is submitted that the police during the course of investigation collected call details of different mobile and it transpired that I.M.E.I no. of another mobile set was used in mobile no. 7702818352. The said mobile belongs to one Mukesh
Patna High Court Cr.Misc. No.43841 of 2015 (3) dt.04-01-2016 2/2 Jha who also had talk with mobile no. 9470436988. The petitioner is the owner of mobile 9470436988 and on the basis of this fact the petitioner has been made accused, but no further material is collected to show that the petitioner ever call the informant from his own mobile requesting him to deposit money in the account of Dilip Mishra for installation of mobile tower. Considering the facts aforesaid, the petitioner, in the event of his arrest or surrender before the 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. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Madhubani in connection with Kaluahi P.S. Case No. 58/2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T