Anand Kumar Ojha @ Mithu Ojha @ Anand Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37900 of 2018 Arising Out of PS. Case No.-288 Year-2017 Thana- MANIHARI District- Katihar ====================================================== ANAND KUMAR OJHA @ MITHU OJHA @ ANAND KUMAR S/o Late Tarkeshwar Ojha, R/o Mohalla- Girls School Manahari, P.S.- Manihari, District- Katihar.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Tarun Kuamar Singh S/o Late Sukhdeo Singh, R/o Nawabganj, P.S.- Manihari, District- Katihar.

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

For the Petitioner/s :

Mr. Alok Ranjan For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code.

The complainant Tarun Kumar Singh instituted Complaint Case No. 730 of 2017, which came to be registered as police case, after complaint being transferred under Section 156 (3) of Cr.P.C. It is alleged against the petitioner that the petitioner realized Rupees Two Lakhs for providing employment to the informant as teacher. The joining letter was issued but subsequently it was found to be forged and fabricated.

Patna High Court Cr.Misc. No.37900 of 2018(2) dt.04-07-2018 2/3 It is submitted by learned counsel for the petitioner that the petitioner is a teacher in a government school. There is no proof with regard to payment. The appointment letter does not bear the signature of petitioner and maliciously the petitioner has been roped in as an accused in the present case. For the occurrence of 2014-15 the F.I.R has been registered in 2017. Statement has been made in paragraph 3 that the petitioner is accused in one other case of similar nature, which has also been lodged at the behest of the informant. Learned APP submits that the accusation is specific against the petitioner in the F.I.R.

Considering the fact that the informant tried to get employment through illegal means and there is no proof of payment as the complaint petition does not contain any proof of payment, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks 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, Katihar in Connection with Manihari P.S. Case No.

Patna High Court Cr.Misc. No.37900 of 2018(2) dt.04-07-2018 3/3 Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U