Nitesh Kumar Singh @ Manu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9001 of 2023 Arising Out of PS. Case No.-44 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== NITESH KUMAR SINGH @ MANU SINGH Son of Late Rajendra Singh R/o village - Gad Sirisiya, P.S.- Palanwa, Dist.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAGHUNATH PRASAD SON OF LATE AETBAR SAH R/O VILL.- PALANWA,P.S.- PALANWA, DISTT.- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No 2 For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2023 Heard Mr. Dhananjay Kumar No.2, learned counsel for the petitioner and Mr. Arun Kumar Pandey, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Complaint Case No. 44/2021 registered for the offence punishable under Sections 420 and 406 of the IPC.

3. As per the complaint case, a sum of Rs. 1 Lac was given by the complainant to the petitioner as a loan for construction of the house by the petitioner but the petitioner did not return the loan despite having made promise to return the same.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and upon bare

Patna High Court CR. MISC. No.9001 of 2023(2) dt.19-05-2023 2/2 reading of the complaint case, no offence much less any criminal offence is made out against the petitioner. The complaint petition has been filed with oblique motive to harass the petitioner and the nature of allegation made therein gives rise to a civil dispute.

5. Regards being had to the submissions made by the parties and taking into consideration the nature of allegation made in the complaint petition, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Complaint Case No. 44/2021 (Tr. No. 1734/2022), subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T