Dewan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20418 of 2017 Arising Out of PS.Case No. -17 Year- 2015 Thana -MAHARAJGANJ District- SIWAN ======================================================
1. Dewan Prasad son of late Gulzar Manjhi resident of village - Dewaria, Police Station Maharajganj, District Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Maharajganj P.S. Case No. 17/2015 registered under Sections 406, 420 and 506 of the Indian Penal Code.
The accusation is that the petitioner, being closely related with the informant, took cash of Rs. 3 lacs for providing job on different dates, but no job was provided. Thereafter the petitioner handed over an appointment letter dated 03.03.2008 regarding the appointment of the informant in Health Department, Government of Bihar but the same was found forged. On much persuasion, the petitioner did not return the money.
Learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.20418 of 2017 (6) dt.07-09-2017 2/2 admittedly the petitioner and the informant are co-villagers. The occurrence of handing over of the appointment letter by the petitioner to the informant is of the year 2008, but the informant lodged the Complaint Case bearing No. 245/2014 on 22.08.2014 after six years, for the offence of Sections 406, 420 and 506 of the Indian Penal Code, on the basis of which present case has been lodged. Further, the petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate V, Siwan in connection with Maharajganj P.S. Case No. 17/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J.) Rakhi U T