Bechan Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.9461 of 2015 (2) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9461 of 2015 Arising Out of PS.Case No. -67 Year- 2014 Thana -KHIRHAR District- MADHUBANI ======================================================

1. Bechan Jha Son of Late Akhil Jha Resident of village - Sonai, Police Station - Khirhar, District - Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar Mr. Ratanakar Jha For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State. The police case has been instituted on the basis of a complaint case filed by the Informant Dilip Kumar Mandal on 18.9.2014 with the allegation that the petitioner and others induced the informant to pay a sum of Rs. 2,50,000/- for securing job in Railways. Allegedly, the petitioner is said to have issued an appointment letter on 5.8.2014 also in favour of the complainant which was found to be forged.

Learned counsel appearing on behalf of the petitioner has referred to the contents of the complaint petition and the payin-slip attached with the complaint petition in support of the

Patna High Court Cr.Misc. No.9461 of 2015 (2) dt.04-03-2015 allegation that a sum of Rs. 25,000/- was allegedly deposited in the account of the petitioner on 1.12.201, and has submitted that if the pay-in-slip dated 29.11.2011 is seen, it will appear that a sum of Rs. 10,000/- was deposited in the account of the petitioner, which falsifies the prosecution case. He further contends that there has been inordinate delay in institution of the criminal case and as a matter of fact, informant had cheated the petitioner and a complaint case in this connection has been lodged by the petitioner on 28.10.2014, vide complaint Case No. 1542 of 2014 before the learned Chief Judicial Magistrate, Madhubani.

Keeping in view the nature of dispute and the allegation as well as the submission made on behalf of the petitioner, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Pandey, learned Judicial Magistrate, Madhubani in Khirhar P.S. Case No. 67 of 2014 corresponding to G.R. No. 2917 of 2014.