IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31346 of 2009 RAS BIHARI PASWAN Versus STATE OF BIHAR ----------- 3 18.11.2009 Perused the office notes. It appears that in order No.2 dated 15.10.2009 certain corrections in third line from the top of second page have not been incorporated in the order that was pronounced. The corrected order No.2 dated 15.10.2009 is reproduced herein below which should be deemed to be the order dated 15.10. 2009 as pronounced. “Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner is an accused in a case arising from Bajpatti P.S. Case No.74 of 2009 for the offences punishable under Sections 406 and 420 of the Indian Penal Code. Substance of allegation against the petitioner as set out in the first information report is of cheating three ladies by taking Rs.3000/ from each one of them under the assurance of getting 2 them a house under the Indira Awas Yojna. On the basis of the complaint filed by the said three persons, the Block Development Officer, forwarded the same to the Officer-n-charge, Bajpatti Police Station for registering a case giving the rise to the present case. It is contended on behalf of the petitioner that the entire allegation is false and that no money has been taken by the petitioner. He submits that there is no evidence regarding handing over of the amount by the informant to the petitioner and that he himself lives below the poverty line and could not have given any such assurance. He submits that except for the statement, there is nothing on record to show about handing over of the amount. It is stated that the petitioner is in custody since 30.6.2009. It is also submitted that no case under sections 406 and 420 of the Indian Penal Code is made out against the petitioner. Having regard to the facts and circumstances of the case, I allow this application. Let the petitioner, named 3 above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Bajpatti P.S. Case No.74 of 2009.” Bibhash (Jyoti Saran, J. )