CRIMINAL MISCELLANIOUS No.38079 OF 2005 ******* In the matter of an application under Section 482 Of the Code of Criminal Procedure. ******* 1.RUBI KUMARI 2.AJAY KUMAR MISHRA --------------------PETITIONERS Versus 1.THE STATE OF BIHAR 2.MOSTT.RAMBHA DEVI -----------------OPPOSITE PARTY ******* FOR THE PETITIONERS : M/s Ram Prasad Bhagat & S.K. Ranjan FOR THE State : Mr. Damodar Pd. Tiwary, APP ******* P R E S E N T THE HON'BLE MR. JUSTICE AKHILESH CHANDRA Akhilesh Chandra, J. Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State, and Sri Gauri Shanker Prasad, learned counsel for opposite party no.2. 2. This is an application under section 482 of the Code of Criminal Procedure seeking quashing of order dated 08.04.2005 passed by Sri Ram Sakal Ram Judicial Magistrate, Banka, in Complaint Case no. 1274 of 2004 2 taking cognizance of the offence against the petitioner under Sections 406 and 504 of the Indian Penal Code. 3. The opposite party no.2 lodged the complaint with allegation that her daughter-in-law had applied for the post of Angan Bari Sewika. For that purpose on the demand of members of Selection Board a sum of Rs.2,000/- as advance out of demanded Rs.30,000/- was paid but she was not given appointment, contrary other candidate was appointed and when the two ladies wanted for refund of the amount then they were not only refused but assaulted also. 4. No grievance against appointment of other candidate has been raised in the complaint petition. So far alleged payment and its non-refund is concerned, the payment, if any, was undoubtedly by way of illegal gratification. Thus, if it is not refunded no criminal offence is made out rather admittedly payment of bribe is a crime. If the allegation levelled in the complaint petition is true the complainant opposite party no.2 itself deserves prosecution. 5. Further, considering the facts and circumstances, besides other vagueness in the complaint petition regarding non-disclosure of the name of the person making payment or taking money (bribe) etc. the impugned 3 order and the entire prosecution is quashed and the application stands allowed. (Akhilesh Chandra, J.) Patna High Court, The 15th November, 2010. AAhmad/ (NAFR).