IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41720 of 2011 Jata Giri Versus The State Of Bihar ---------------------------------- 2. 12..12.2011 Heard Mr. Ram Kumar Singh, counsel for the petitioner and Mr. Binod Kumar No.2, counsel for the State. The petitioner is apprehending his arrest in connection with Complaint Case No. C-1830 of 2010, Tr. No. 4135 of 2011 instituted for committing the offence under Section 406 of the Indian Penal Code. According to the complaint petition it appears that one Murlidhar Tiwary, the complainant alleged that Dr. S.K. Giri, son of the petitioner, who is a Dental Doctor, on 15..10.2009 had promised him to send him to Arab country for securing a job for him and he had demanded Rs. 1, 50,000/- for that, out of which the complainant paid Rs. 85,000/- to Dr.S.K.Giri and the rest was to be paid later on. The said Dr. S.K. Giri had handed over the said money to the petitioner, the father of the said accused. It is alleged that after sometimes the complainant had gone to the clinic of the said Doctor S.K.Giri for getting the Visa when he was asked by Dr. S.K.Giri to come again after fifteen days as granting visa takes sufficient time. Subsequently, the Visa and an air ticket were transmitted to the complainant and when the complainant went there and contacted the company, it was found that all the papers were forged and fabricated documents. The complainant went to 2 Dr. S.K.Giri’s clinic for return of money but he did not return the money and also misbehaved with him. Counsel for the petitioner submits that the petitioner is the father of Dr.S.K.Giri and he does not live in the town, rather he lives in the village and he has no concern with the present case. It has further been submitted that nowhere in the complaint petition it has come that the petitioner had ever assured the complainant for giving Visa and necessary documents. The main allegation is against one Dr.S.K.Giri and Sk. Shamsuddin. In view of the aforesaid facts and circumstances, let the petitioner Jata Giri be directed to be released, either in the event of his arrest or surrender before the court below on furnishing a bail bond of Rs. 20,000/- twenty thousand) with two sureties of the like amount each to the satisfaction of Shri P.K.Shukla, Judicial Magistrate, Ist Class, Gopalganj, in the above noted case, subject to the conditions as laid down in Secretion 438(2) Cr. P.C. Kanth ( Shivaji Pandey, J.)