Rajpal Yadav @ Ram Jaypal Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78478 of 2018 Arising Out of PS. Case No.-2170 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Rajpal Yadav @ Ram Jaypal Yadav Son of Sri Laxmi Chaudhary @ Laxmi Yadav Resident of Village-Rajghat,P.S. Mirganj,Distt.-Gopalganj ... ... Petitioner/s
Versus
1. The State of Bihar
2. Singasan Ram Son of Late Lakshuman Ram Resident of Village-Dubey Sarishwa,P.S. Mirganj,Distt.-Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Upendra Yadav For the Opposite Party/s :
Mr.Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 This application, for grant of anticipatory bail, arises out of C. Case No. 2170 of 2017, disclosing offences under Section 406 of the Indian Penal Code.
Allegation against the petitioner and others is of collecting Rs. 70,000/- from the complainant in lieu of sending his son to abroad. However, neither son of the complainant was sent to abroad nor the money was returned..
Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and there is no allegation against him that he has taken money from the complainant rather the complaint petition itself shows that he has given money to co-accused Upendra Yadav and that too for
Patna High Court Cr.Misc. No.78478 of 2018(2) dt.09-01-2019 2/2 the purpose of illegal work and, therefore, no offence is made out under Section 406 of the Indian Penal Code against the petitioner.
Heard learned A.P.P. also.
Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate XVI, Gopalganj, in connection with C. Case No. 2170 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T