IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42407 of 2011 ====================================================== Anil Kumar Sharma .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== 2 14-12-2011 The petitioner is apprehending his arrest in a complaint case filed for the offence punishable under Sections 406, 409, 420, 463, 467, 468, 471 and 120B of the Indian Penal Code. The complainant claiming to be the Secretary of the Trust of Balika Vidyapith Shakti Utthan Ashram, Lakhisarai since last thirty years and used to administer and control the trust working for upliftment of female in society. Subsequently, the petitioner was inducted in the Management on assurance of providing financial help. Thereafter petitioner started Amrapali Institute of Technology and applied for necessary approval and started taking admission without the knowledge of the complainant and in violation of the bylaws of the trust and thereby misusing properties of the school. It is submitted by the learned senior counsel for the petitioner that by resolution of the trust as contained in Annexure 2, the petitioner and others were inducted as members and the petitioner was made Chief Administrator with authorization to take Administrative and financial decisions. Consequently, petitioner established Engineering college (Amrapali Institute) and made investment as the school was in a very precarious condition and made advertisement for admission, which was challenged by the complainant vide CWJC No. 10900 of 2009 in which interim order was passed on 04.09.2009 as contained in Annexure 8, when the petitioner was restrained from taking admission since it was alleged that the approval of AICTE and the affiliation from Tilka Manjhi University, Bhagalpur were not taken. The said interim order was challenged before the Apex Court vide SLP No. 27420 of 2009. The Apex Court after considering the fact that AICTE has granted approval on 30th June, 2009 and the affiliation has also been granted by the Academic Council on 07.09.2009 subject to verification of the approval of AICTE, given liberty to admit the students. The said order has been brought on record as Annexure 9. It appears from the record that subsequently, the CWJC No. 10900 of 2009 was dismissed as not pressed by a Division Bench of this Court on 17.08.2011 as gets reflected from in Annexure 10. It appears that the complainant also filed another writ application with same grievance being CWJC No. 13215 of 2009, but the said writ application was directed on 12.10.2009 to be listed after disposal of CWJC No. 10900 of 2009 which gets reflected from Annexure 10. Hence, it is submitted that when complainant failed to get any relief from the Writ Court or Apex Court then maliciously the present case has been filed with frivolous allegation, where the cognizance has been taken even without examining the sole witness cited in the complaint petition. Considering the facts that the petitioner’s induction in the trust and his initiation to establish the institute or managing the properties of Balika Vidyapith Shakti Utthan Ashram, Lakhisarai by virtue of resolution as contained in Annexure 2 is not in dispute, the earlier writ petition filed substantially aggrieved by running the technical institute by the petitioner which ultimately dismissed as not pressed, and the complainant failed to examine the only witness cited in the complaint petition, I do not find any substance in the accusation, let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patna in connection with Complaint Case No. 817 (C) of 2010 , subject to the condition as laid down under Section 438(3) of the Cr.P.C. Bhardwaj/- (Dinesh Kumar Singh, J)