Sunil Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29800 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sunil Kumar Son of Rajendra Ram resident of village- Maldahiya, P.SPahar Pur, District- East Champaran.

2. Uday Sahani, son of Janta Sahani resident of Village Bingaha, P.SHarsidhi, District- East Champaran. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Vijay Shankar Shrivastava, Advocate.

For the Opposite Party : Mr. Damodar Prasad Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-11-2016 Heard both sides.

The petitioners apprehend their arrest in Harsidhi P.S. Case No. 6 of 2016 registered for the offences punishable under Sections 406, 420 and other Sections of the Indian Penal Code. The informant filed the complaint petition on the basis of which the present FIR was registered. The informant alleged that he along with his friend Brajesh Kumar gave Rs. 2,09,000/- and Rs. 2,95,000/- respectively to the accused Sunil Kumar, petitioner no. 1 as both the petitioners have assured to provide them job of clerk in the health department.

Learned counsel for the petitioners submits that the allegations are false and concocted. The petitioners gave money to

Patna High Court Cr.Misc. No.29800 of 2016 (3) dt.22-11-2016 2/2 the informant for executing the sale deed and when the deed was not executed the informant deposited the money in his account but it appears that both the petitioners had taken huge amount from the informant and his friend. Almost all the witnesses during course of investigation have supported the facts of handing over the money to the petitioners. Some of the amount has also been deposited in the account of the petitioners.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T