Md. Alfaj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79273 of 2019 Arising Out of PS. Case No.-3277 Year-2010 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Alfaj Alam Son of Late Suleman R/o Village- Teliabad, P.S.- Pranpur, District- Katihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Jinatun Nisha W/o- Jakir Hussain, D/o- Md. Abdul Rahim R/o VillageManjheli, P.O.- Milik Pehlagarh, P.S.- Pranpur, District- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bidhan Chandra Jha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420 and 120(B) of the Indian Penal Code.

Allegation in the complaint petition lodged by Opposite Party No.2 is that the Secretary, accused no.2 (Umesh Thakur) demanded Rs.2,00000/- from the complainant to ensure her employment as teacher. The complainant failed to satisfy, hence her documents were torn and this petitioner who was below the complainant in merit, was appointed as such. However, learned counsel for the complainant

Patna High Court CR. MISC. No.79273 of 2019(2) dt.18-12-2019 2/2 opposed the prayer for bail.

After hearing the parties and irrespective of other dispute raised regarding genuineness of the certificate of the petitioner produced at the time of appointment in this case, there is no allegation against the petitioner of creation of a forged document or cheating to any one, hence, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender in the court below within a period of thirty days from the date of receipt of the order, on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Katihar in connection with Complaint Case No.3277 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) B.Kr./- U T