Patna High CourtCR. MISC./8442/2019bail granted

Arun Kumar @ Kheladi v. The State Of Bihar

2019-02-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8442 of 2019 Arising Out of PS. Case No.-22 C Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Arun Kumar @ Kheladi, Son of Late Hari Shankar Yadav, Resident of Village - Doghra, P.S.-Bihta, District-Patna. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sidheshwar Prasad @ Babuanand, son of Rambali Yadav, resident of village Doghra ke Tola, P.S. -Bihta, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.22(C) of 2016 for the offences allegedly committed by the petitioner under Sections 323 and 406 of the Indian Penal Code.

The complainant alleged that the petitioner borrowed Rs.1,40,000/- for getting his nephew treated but the petitioner did not return the money and when the complainant demanded money, the petitioner is said to have assaulted the complainant. Learned counsel for the petitioner submits that the agreement showing receipt of Rs.1,40,000/- does not bear the signature of the petitioner. The petitioner took only Rs.50,000/-

Patna High Court Cr.Misc. No.8442 of 2019(2) dt.13-02-2019 2/2 from the complainant and he went to return Rs.73,360/- with interest but the complainant did not accept the money and lodged the complaint case.

Having considered the facts aforesaid and the fact that the dispute arose between the complainant and the petitioner on account of paying borrowed money, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail 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, Danapur (Patna) in connection with Complaint Case No.22(C) of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U