Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64121 of 2019 Arising Out of PS. Case No.-582 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Rajeev Kumar Son of Raghav Singh Resident of Village - Paltu Hata, P.S.- Jamno Bazar, At present residing in house of Samasya Sahyog Centre, Dist.- Office, Khurmabad, Lalit Bus Stand, P.S.- Siwan Muffasil, Dist.- Siwan. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Sindhu Devi W/o Kamlesh Singh Resident of Village - Pinarthu Khurd Sonbarsa, P.S.- Daraundha, dist.- Siwan.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Nikesh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-03-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Siwan Muffasil PS Case No. 582 of 2017 arising out of Complaint Case No. 2324 of 2017 registered under Sections 420, 467, 468, 471, 406, 354, 504, 506 and 120B/34 IPC.

The allegation in the complaint case is that the petitioner is Director of one NGO and he collected money from various youth under some health benefit scheme in which the complainant has joined him. It is thereafter alleged that the complainant gave RS. 50,000/- to the petitioner for gaining employment in a Bank, however the petitioner has neither provided employment nor returned the money to the complainant.

It is submitted by the petitioner's counsel that no chit of paper has been brought on record along with the complaint in support of the alleged payment. The allegations at best disclose a money claim of the complainant and no criminal offence is made out. None of the alleged 290 youth, from whom the petitioner has collected money, has come forward to complaint against the petitioner. Learned APP has opposed the prayer.

Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for anticipatory bail of the

Patna High Court CR. MISC. No.64121 of 2019(5) dt.05-03-2020 2/2 petitioners is allowed.

In the event of arrest or surrender before the court below within four weeks from today, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Siwan in Siwan Muffasil PS Case No. 582 of 2017 arising out of Complaint Case No. 2324 of 2017 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled.

(Madhuresh Prasad, J) SNkumar/- U T