Jagarnath Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31584 of 2018 Arising Out of PS.Case No. -16 Year- 2017 Thana -JADOPUR District- GOPALGANJ ======================================================
1. Jagarnath Sharma, Son of Late Gena Sharma, Resident of VillageBishunpur West, P.S.- Jadopur, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amitesh Kumar For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2018 The petitioner is apprehending his arrest in connection with Jadopur P.S. Case No. 16/2017, registered for offences punishable under Sections 420, 406 and 120(B) of the Indian Penal Code.
Allegation against the petitioner as per complaint petition is that he has taken Rs.1 lac from opposite party no. 2 for providing job in Dubai and preparing Visa and when opposite party no. 2 went to Dubai, then no job was provided to him, anyhow, he returned to his village and demanded money from the petitioner, but the petitioner refused to pay the money. Submission of learned counsel for the petitioner is that the petitioner is aged about 65 years and there is no chit of paper from which it can be proved that the petitioner has taken Rs. 1 lac
Patna High Court Cr.Misc. No.31584 of 2018 (5) dt.17-09-2018 2/3 from the opposite party no. 2. Further submitted that the petitioner has falsely been implicated in this case.
Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner stating that petitioner has taken Rs. 1 lac from the informant and not provided job in Dubai.
Having heard both sides, in view of the facts and circumstances of the case and also considering the age of the petitioner, 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 learned Chief Judicial Magistrate, Gopalganj, in connection with Jadopur P.S. Case No. 16/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the
Patna High Court Cr.Misc. No.31584 of 2018 (5) dt.17-09-2018 3/3 event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T