Rambali Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21155 of 2021 Arising Out of PS. Case No.-3277 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RAMBALI MEHTA S/O LATE BHAGWAN DAS MAHTO R/o MohallaMuhammadpur, Mahendru, Behind Middle School, P.S.- Sultanganj, Distt.- Patna- 800006 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nand Kishore Mahto S/o Late Gibodhan Mahto Prop. of Jaggu and Co., Resident of Rai Hasanpur Chai Tola, P.S.- Kadamkuan, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Krishna Tiwary For the Opposite Party/s :

Mr.Arun Kr. Pandey For the Informant Mr. Arbind Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case No. 3277(c)/2015 instituted for the offence under Sections 323, 406 and 504 of the Indian Penal Code. As per allegation in the FIR, complainant had installed his electrical items at the occasion of petitioner's daughter marriage for two days in lieu of Rs. 77,500/- but

Patna High Court CR. MISC. No.21155 of 2021(4) dt.02-02-2022 2/2 petitioner denied to pay the same amount.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has paid his due amount. Now good sense has been prevailed and matter has been compromised between the parties, in this regard supplementary affidavit has been filed by the petitioner. He has got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Complaint Case No. 3277(c)/2015, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XIV, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U