Suresh Sharma v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7457 of 2019 Arising Out of PS. Case No.-1181 Year-2014 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== SURESH SHARMA, Son of Late Nunu Sharma, Resident of Village - Bhadseri, P.O.- Tej Bigha, P.S.- Kako, District- Jehanabad ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Awadhesh Sharma, Son of Late Sukhdev Sharma, Resident of Village - Bhadseri, P.O.- Tej Bigha, P.S.- Kako, District- Jehanabad ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1181 of 2014 lodged for the offences punishable under Sections 323, 406 and 504/34 of the Indian Penal Code.

Allegation against the petitioner is of taking Rs.20,000/- from the complainant and not returning the same. Submission of learned counsel for the petitioner is that earlier also he has lodged a complaint case against the petitioner in which allegation has been made that petitioner has taken Rs.15,000/-, whereas in the present complaint case allegation is of taking Rs.20,000/- and moreover a preemption case filed by the petitioner against the complainant has been

Patna High Court CR. MISC. No.7457 of 2019(3) dt.05-04-2019 2/2 decided against the complainant and due to that the present case has been filed.

Heard learned APP and learned counsel for the complainant, who has opposed the prayer for anticipatory bail stating that petitioner is accused in one more case and that fact he has suppressed and Pairvikar of the case is also not close relative of the petitioner.

Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender within a period of six weeks and on surrender the provisional bail granted to the petitioner vide order dated 8.2.2019 shall be confirmed and prior to that the court below will examine the fact as to whether the petitioner is accused in any other case or not and if it is found that he is accused in any other case, this order will not be given effect to.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T