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Patna High CourtCR. MISC./10694/2016disposed

Dharmdeo Yadav v. State Of Bihar And ANR

2016-03-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10694 of 2016 Arising Out of PS.Case No. -287 Year- 2009 Thana -NAWADAH COMPLAINT CASE DistrictNAWADA ====================================================== Dharmdeo Yadav Son of Late Mouli Yadav, Resident of Village - Morma, P.S. - Roh, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramnaresh Singh, Son of Late Ramdular Singh, Resident of Village - Dhanawan, P.S. - Rupau, District - Nawada.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case filed with accusation under Sections 420, 368 and 468 of the Indian Penal Code wherein process has been directed to be issued after cognizance being taken.

The prosecution case is that the complainant sold his tractor to the petitioner but the petitioner failed to deposit the loan amount as a result the complainant received notice from the bank. It appears that the learned Sessions Judge disposed of the anticipatory bail application of the petitioner in view of the ratio laid down in the case of Salim Ansare @ Md. Salim Ansare and Others Vs. The State of Bihar & Another reported in 2015

Patna High Court Cr.Misc. No.10694 of 2016 (2) dt.14-03-2016 2/2

(3) PLJR, 806 (Cr. Misc. No. 51075 of 2014) since only the summons were issued.

In the circumstances, let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Compliant Case No. 287 of 2009 pending in the court of learned CJM, Nawada.

Accordingly, the application is disposed of.

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