IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17944 of 2010 BINAY KUMAR YADAV @ BINAY KUMAR, S/o Ganesh Yadav, Resident of Village- Gonay, P.S. Sangrampur, District-Munger Versus THE STATE OF BIHAR ----------- 2 21.05.2010 Heard the learned counsels for the parties. The petitioner, Binay Kumar Yadav @ Binay Kumar apprehends his arrest in Haveli Kharagpur P.S. Case No. 24/08 u/S 420, 406 & 411 of the IPC. On the basis of Complaint Case filed by the complainant, Vijay Prasad Yadav @ Vijay Kumar Yadav, the aforesaid police case was registered. It is alleged that the co-accused persons alongwith this petitioner who is Panchayat Teacher in the village school, cheated the complainant on the ground that they will got employed the son of the complainant in Metro, Delhi if the complainant will pay Rs 3,00,000/- (three lacs) to 4,00,000/- (four lacs) and on their assurance, the complainant withdrew the amount from the bank and paid them but they neither got his son employed nor they refunded the amount. The learned counsel for the petitioner submitted that after investigation, the police submitted charge sheet against only two co-accused persons and so far this petitioner is concerned, the police has submitted final form but on the basis of materials available in case diary, the learned Chief Judicial Magistrate, Munger has taken 2 cognizance against this petitioner also. On the other hand, the learned APP vehemently opposed the prayer for anticipatory bail and submitted that there are materials available in the case diary. Therefore, even if the police submitted final form, the court has authority to take cognizance and therefore, the Chief Judicial Magistrate has taken cognizance. Considering the facts and circumstances of the case that the case was instituted on the basis of complaint case and except oral evidences, there is no chit of paper to show that in fact the amount was paid to the accused petitioner and also the fact that after investigation, the police submitted final form against this petitioner, I direct the petitioner to surrender before the court below within one month from today and on his so surrendering, the petitioner be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Haveli Kharagpur P.S. Case No. 24/08 to the satisfaction of Chief Judicial Magistrate, Munger subject to the conditions as laid down u/S 438(2) of the Cr.P.C. akv/- (Mungeshwar Sahoo,J.)