Krishna Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28976 of 2018 Arising Out of PS.Case No. -3286 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Krishna Rai S/o Indra Deo Rai, R/o Mohalla- Rajiv Nagar, Road No. 24, Ram Nohora Rai Path, Near -C.R.P.F. Camp, P.S.- Rajiv Nagar, DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Snatosh Kumar S/o Brij Nandan Yadav, R/o Vill.- Madhua, P.S.- Paliganj, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2018 The petitioner is apprehending his arrest in connection with Complaint Case No. 3286(C)/2016, registered for offences punishable under Section 420 of the Indian Penal Code and Section 138 of N.I. Act.
Allegation against the petitioner is that he took an amount of Rs. 2,90,000/- from the complainant on the ground of providing job and when the job was not provided, the complainant approached the petitioner who issued two cheques of Rs. 2, 50, 000/- and Rs. 40,000/- but on presentation, the cheques were dishonored by the bank, citing insufficient funds. It has been submitted on behalf of the petitioner that he
Patna High Court Cr.Misc. No.28976 of 2018 (4) dt.09-07-2018 2/3 has falsely been made accused in this case and the petitioner has never promised the complainant to provide any kind of job and the money has been taken from the complainant as a laon, which has already been returned to him.
Heard learned A.P.P. as well as learned counsel for the complainant. Learned counsel for the complainant has submitted that the petitioner on the false promise of providing him a job in Bank has taken the above stated amount but neither he provided job to the complainant nor returned the money. Having heard both sides, considering the facts and circumstances of the case and the fact that the complainant himself has approached the petitioner for getting job in a Bank, knowing the fact that he does run any institution to provide job, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate -1st Class, Patna, in connection with Complaint Case No. 3286(C)/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:-
Patna High Court Cr.Misc. No.28976 of 2018 (4) dt.09-07-2018 3/3 One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(Vinod Kumar Sinha, J) sunil/- U T