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Patna High CourtCR. MISC./1661/2023bail granted

Sanjeet Kumar Sinha v. The State Of Bihar

2023-05-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1661 of 2023 Arising Out of PS. Case No.-588 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.

SANJEET KUMAR SINHA Son of Kameshwar Prasad Sinha R/V- Behat, west ward no. 3, P.s- R.S- Sivir, Jhanjharpur, Dist- Madhubani 2.

Ragni Kumari @ Rgni Devi Wife of Sanjeet Kumar @ Sanjeet Kumar Sinha R/V- Behat, west ward no. 3, P.s- R.S- Sivir, Jhanjharpur, Dist- Madhubani 3.

Bhavesh Kumar Karn Son of Suresh Lal Karn R/V- Behat, west ward no. 3, P.s- R.S- Sivir, Jhanjharpur, Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Satrughan Das Son of Kirtan Das R/V- Behat, west ward no. 10, P.s- R.SSivir, Jhanjharpur, Dist- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 323, 379, 420, 311, 307, 467, 468, 471, 442, 504, 34 of the Indian Penal Code. It is alleged that the petitioners asked the complainant to pay Rs.50,000/- to get the job of a teacher. The complainant has given the said amount to the petitioners and later he has received the joining letter. The complainant started teaching on the basis of joining letter but did not get salary and when he demanded salary, the accused assaulted him and snatched

Patna High Court CR. MISC. No.1661 of 2023(2) dt.08-05-2023 2/2 Rs.5000/- from his possession.

Learned counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case. Petitioners have never taken any money from the complainant. He further submits that occurrence took place on 04.04.2010 but the complaint case has been lodged on 15.10.2019, after lapse of 9 years. Unexplained delay in lodging the complaint case casts serious doubt over the genuineness of the prosecution. To secure appointment through unfair means is itself unlawful and prohibited under the law. Petitioners claims clean antecedent.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M. II, Jhanjharpur, District Madhubani in connection with C.R. case No. 588 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T