Shiv Nandan Chauhan @ Botal Chauhan v. The State Of Bihar
Patna High Court Cr.Misc. No.31141 of 2014 (2) dt.28-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31141 of 2014 Arising Out of PS.Case No. -1501 Year- 2013 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ======================================================
1. Shiv Nandan Chauhan @ Botal Chauhan son of Badari Chauhan, Resident of village- Sarsu, P.S. Atari, District Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. C.Jawahar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner apprehends his arrest in connection with Complaint Case No. 1501 of 2013 in which cognizance has been taken under Section 406 of the Indian Penal Code. Allegedly, the petitioner took rupees two lacs from the complainant for the purpose of marriage of his daughter and assured to return within six months and in failure to transfer his land by way of registered sale deed but when the money was demanded the petitioner abused and became ready to assault. Submission is of false implication and that if there is any agreement, then the remedy lies in Civil Court after
Patna High Court Cr.Misc. No.31141 of 2014 (2) dt.28-01-2015 bringing suit for specific performance and not in the criminal side to which the learned counsel for the complainant opposed by submitting that the petitioner after taking the money is not returning.
As the remedy lies in civil suit, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rahul Kumar, J. M. Ist Class, Nawada in connection with Complaint Case No. 1501 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T