Anup Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64345 of 2018 Arising Out of PS. Case No.-10 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Anup Kumar Mishra, Son of Raj Kishore Mishra, Resident of Village- Khori Pakar, Police Station Jamo Bazar, Distt.-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mairwa P.S. Case No. 10 of 2018 registered under Sections 420, 406, 467, 468, 471, 323, 341, 504 and 506/34 of the Indian Penal Code.

The accusation is that petitioner, who was known to complainant, Krishna Mohan Upadhayay, came at his house and asked to pay Rs.60,000/- for providing the job in fruit company at the salary of Rs.25000/- in abroad. Thereafter, informant paid cash of Rs.40,000/- and also handed over his passport to petitioner and assured to pay remaining amount within two months. Thereafter, informant was examined

Patna High Court Cr.Misc. No.64345 of 2018(3) dt.31-01-2019 2/3 medically, for which, he expend Rs.10,000/- and also deposited Rs.20,000/- in the account of the petitioner on 20.09.2017 on the instruction of the petitioner. The informant was taken at Mumbai on 30.10.2017, where petitioner again made demand of Rs.35,000/- but informant refused to pay the said amount and asked the petitioner to show the agreement. Thereafter, informant was taken in the office by the petitioner, where agreement was shown, in which, the salary was detailed as Rs.15,000/- then he refused and made complaint that while assurance was given for providing the job on the salary of Rs.25,000/- but in the agreement, salary has been detailed only Rs.

15,000/-, on which, he refused and asked the petitioner to return the money and passport, showing that he is not willing to move in abroad then petitioner assured him to return his cash and passport at the village. In spite of approaching several occasions, petitioner did not return the money. Learned counsel for the petitioner submits that it would appear from the complaint petition that according to the grievance of the complainant to the effect that while petitioner assured to provide the job in abroad on the salary of Rs.25,000/- but after expending Rs.

Patna High Court Cr.Misc. No.64345 of 2018(3) dt.31-01-2019 3/3 salary of Rs.15,000/-, which clearly indicates that the petitioner had no intention to cheat the informant.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VII, Siwan, in connection with Mairwa P.S. Case No. 10 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T