Chhote Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53186 of 2019 Arising Out of PS. Case No.-362 Year-2018 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.

Chhote Khan Son of Amanat Khan, Resident of Village - Mirjapur, Sathi, P.S.- Sathi, District - West Champaran.

2.

Mustkin Khan @ Mustkim Khan Son of Amanat Khan, Resident of Village - Mirjapur, Sathi, P.S.- Sathi, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mohammad Mustkim Son of Late Md. Rahim, Resident of Village - Mansha Tola, P.S.- Muffasil Bettiah, District - West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2019 Heard both sides.

Petitioners apprehend their arrest in Complaint Case No.362C of 2018 for the offences allegedly committed by the petitioners under Sections 420, 406 and 120(B) of the Indian Penal Code.

The complainant alleged that the petitioners took Rs.75,000/- to send his son to Dubai but neither the passport was prepared nor his son was sent to Dubai. On demand, the petitioners gave Rs.10,000/- and a cheque of Rs.15,000/-. Learned counsel for the petitioners submits that there is no chit of paper to show that the petitioners ever took money

Patna High Court CR. MISC. No.53186 of 2019(2) dt.26-08-2019 2/2 from the complainant. All allegations are false and concocted. No offence under Section 138 of the N.I. Act and under section 406 of the I.P.C. is made out.

Having considered the facts and the nature of allegations made against the petitioners, the above named petitioners, in the event of their 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, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I, Bettiah, West Champaran in connection with Complaint Case No.362C of 2018 (Tr.No.1134 of 2019) subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T