Lalji Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70895 of 2018 Arising Out of PS. Case No.-343 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Lalji Dubey, Son of Dhrup Dubey, Resident of Village- Dubauliya, P.S.- Chanpatiya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The accusation against the petitioner and the brother-in-law of the informant is that they conspired to realize Rs.7,30,000/- for providing employment to the son of the informant in the Railways, but neither employment was provided nor money was returned back.

It is submitted by learned counsel for the petitioner that there is no proof with regard to the payment whereas

Patna High Court Cr.Misc. No.70895 of 2018(2) dt.18-12-2018 2/3 the informant has retracted from the initial version and has filed a petition to that effect before the learned Court below. A certified copy of the aforesaid petition has been produced before this Court. Let it be kept on record. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the fact that since the informant chose to get employment through illegal means, this Court is not supposed to protect such act of the informant, coupled with statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 CJM, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 343 of 2018, subject to the conditions as laid down under

Patna High Court Cr.Misc. No.70895 of 2018(2) dt.18-12-2018 3/3 Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U T