Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9972 of 2022 Arising Out of PS. Case No.-137 Year-2018 Thana- MALSALAMI District- Patna ====================================================== RAJ KUMAR MAHTO S/o Laxman Mahto Resident of Purbi Nand Gola (Near Nagar Tola Baba Mandir), P.S.- Malsalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Mohan Tripathi For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Malsalami P.S. Case No. 137 of 2018 registered for offence punishable under sections 419, 420 and 406 of the Indian Penal Code.

As per allegation, the partition had taken place between the husband of the informant and the petitioner. The petitioner had to pay Rs. 32,00,000/- in exchange of business of Dalmot to her husband, but the petitioner did not pay that amount and

Patna High Court CR. MISC. No.9972 of 2022(2) dt.13-09-2022 2/3 due to shock, her husband died.

The learned counsel for the petitioner has submitted that the entire allegation is false. He has submitted further that an agreement had taken place between the petitioner and the husband of the informant, which is Annexure-2. Both the parties to the agreement agreed that Rs. 28,51,000/- to be paid to the husband of the informant. That amount was received by the husband of the informant and he issued receipt thereof, which is annexed with the record.

It appears to be a matter of civil nature. The receipt annexed with the record shows that the husband of the informant had received Rs. 28,51,000/- in lieu of his share in the factory of Dalmot.

Considering the above-mentioned facts and circumstances and also considering the clean antecedent of the petitioner, let him, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with Malsalami P.S. Case No. 137 of 2018, subject to condition as laid down under section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.9972 of 2022(2) dt.13-09-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T