Rabiullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9855 of 2019 Arising Out of PS. Case No.-382 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== RABIULLAH Son of Sanaullah Resident of Village-Brindaban, P.S.-Sathi, District-West Champaran.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bettiah Muffasil (Manuapool) P.S. Case No. 382 of 2018 for the offence under Sections 420, 504, 323 and 406 of the Indian Penal Code.

In compliance of this Court's order dated 19.02.2019, the petitioner is personally present. He informs this Court that the amount, if any, as alleged in the First Information Report, was received by the Manager of his establishment when the petitioner was away for his treatment. He has stated that the petitioner does not have any information about the amount received by the Manager, who was working in his absence on his behalf.

Learned counsel appearing on behalf of the petitioner has submitted that the informant is Principal of a

Patna High Court CR. MISC. No.9855 of 2019(3) dt.26-03-2019 2/2 privately managed school, who has alleged that the said amount was given to the petitioner for school dress of the students of the school. He has submitted that the dispute is purely civil in nature.

Considering the above submission, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bettiah, District-West Champaran, in Bettiah Muffasil (Manuapool) P.S. Case No. 382 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T