Aman Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5249 of 2023 Arising Out of PS. Case No.-82 Year-2021 Thana- NAUTAN District- Siwan ====================================================== Aman Patel Son of Parshuram Patel @ parshuram prasad Resident of village - Hasua, P.S.- Nautan, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 468 and 471 of the Indian Penal Code and sections 20 and 24 of the Emigration Act.

As per the prosecution case, this petitioner has taken RS. 60,000/- from the informant on the pretext of providing job to her husband in foreign country. It is further alleged that this petitioner has also provided VISA and letter of offer of Malaysia and also kept passport of her husband and thus, petitioner cheated the informant.

It is submitted that on perusal of FIR it appears that informant has not given date and time of occurrence. The

Patna High Court CR. MISC. No.5249 of 2023(2) dt.09-05-2023 2/2 husband of informant himself made contact with the petitioner. There is no single chit of paper on record which shows that this petitioner received any money from the informant or from her husband. There is no cogent material against this petitioner to connect him with the alleged occurrence. Petitioner claims clean antecedents.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Siwan in connection with Nautan P.S. Case No. 82 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T