Khobhari Ram v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.3315 of 2016 (3) dt.29-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3315 of 2016 Arising Out of PS.Case No. -101 Year- 2011 Thana -West Champaran Complaint DistrictWestchamparan(Bettiah) ====================================================== Khobhari Ram son of late Dasai Ram resident of Village - Nautan Khurd (Harpur), Police Station - Majhaulia, District - West Champaran at Bettiah. Revenue Clerk at Khas Mahal, Malkauli, Anchal - Bagaha - 2, Police Station - Pathkauli, O.P. (Bagaha), District - West Champaran at Bettiah, At present resident of Mainatand Anchal as Halka Karmchari, Police Station - Mainatand, District - West Champaran at Bettiah. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Heeralal Chaudhary son Mekha Chaudhar resident of Village - Kali Ghat, Police Station - Pathkauli O.P. (Bagha), District - West Champaran at Bettiah. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv. For the Opposite Party/s : Mr. Abhay Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2016 Petitioner is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323,406,504 of the Indian Penal Code.

The accusation against the petitioner is that petitioner took Rs. 20000/- from the complainant for purchasing a motor cycle on promise to return within a month but he did not return. Thereafter the petitioner being Revenue clerk demanded from the complainant ten thousand rupees as complainant has to pay Rs. 30,000/- with regard to three mutations of land of complainant. On demand being made by the complainant for the loan amount, petitioner abused the complainant.

It is submitted by the petitioner that though the

Patna High Court Cr.Misc. No.3315 of 2016 (3) dt.29-01-2016 complaint was filed in 2010 but order of cognizance was passed in 2012 but the petitioner was not aware of the same and there is no prove with regard to payment.

Considering the nature of accussation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 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 learned Judicial Magistrate, 1st Class, Bagaha in connection with Complaint Case No. 101C of 2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Prakash/- U T