Abu Saleh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11337 of 2015 Arising Out of PS.Case No. -1085 Year- 2011 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Abu Saleh S/o Md. Yasin a permanent resident of Village Sakarpara, P.S. Kochadhaman, at present Kassamani (Dusadh Toli) beside Middle School, P.S. Kishanganj, District Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Yaseen S/o Late Haji Jahiruddin Resident of Sultana Cotage, Pani Bagh, P.O. + P.S. + District Kishanganj.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s : Mr. Gulnar Begum (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 406 of the Indian Penal Code.

It is alleged that petitioner took Rs. 50,000/- loan from the complainant, but he did not return.

It is submitted by the learned counsel for the petitioner that petitioner is ready to return the loan amount in five monthly installments. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the present stand of the petitioner, let

Patna High Court Cr.Misc. No.11337 of 2015 (2) dt.19-03-2015 the above named petitioner be released on provisional anticipatory bail for six month in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Complaint Case No. 1085 of 2011, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

The petitioner will deposit Rs. 50,000/- before the learned court below in five monthly installments which will be released in favour of the complainant.

The provisional bail of the petitioner will be confirmed after deposit of Rs. 50,000/- before the learned court below.

(Dinesh Kumar Singh, J) P.K./- U T