Nagendra Prasad @ Nagendra And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15604 of 2016 Arising Out of PS.Case No. -3190 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Nagendra Prasad @ Nagendra
2. Sudhir Kumar Both are sons of Swaminath Prasad Resident of Village - Aandar, P.S. Aandar, District - Siwan.
3. Premlal Kumar Son of Hiralal Kumar Resident of Village - Badarjimi, P.S. - Mirganj, District - Gopalganj.
.... .... Petitioners
Versus
1. The State of Bihar
2. Imamul Haque Son of Rajaul Haque Resident of Village - Parsa, P.S. - Barauli, District - Gopalganj.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Kartik Kumar Sinha, Advocate For the Opposite Parties : Mr. Dr.Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Complaint Case No.3190 of 2013 for the offences instituted under Sections 420 and 504/34 of the Indian Penal Code. The prosecution case, in brief, is that petitioners offered and sold Bolero-vehicle bearing Registration No.BR30P/2203 for Rs.3,85,000/- and the complainant paid Rs.1,00,000/- to the accused in front of witnesses. On 19.3.2012, the complainant further paid Rs.1,05,000/- and deposited Rs.99,500/- in the account of accused. Thus, total sum of Rs.3,04,500/- paid by the complainant. The petitioners handed
Patna High Court Cr.Misc. No.15604 of 2016 (2) dt.03-05-2016 2/2 over two cheques of Rs.2,00,000/- and Rs.20,000/- of Axis bank as part refund which became dishonoured due to insufficient fund. It is submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have falsely been implicated in the present case. It is further submitted that the petitioners are ready to deposit an amount of Rs.2,09,500/- in the court below which may be released in favour of the complainant.
On behalf of the State, it is submitted that the petitioners are named in the complaint case.
Considering the aforesaid facts and circumstances, it is directed that the petitioners shall deposit an amount of Rs.2,09,500/- in the court below which shall be released in favour of the complainant, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri Abhisek Kumar, J.M.Ist Class, Gopalganj, in connection with Complaint Case No.3190 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) N.H./- U T