Sachitanand Sharma @ Sachidanand Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15799 of 2016 Arising Out of PS.Case No. -283 Year- 2015 Thana -ARWAL District- JEHANABAD ====================================================== Sachitanand Sharma @ Sachidanand Sharma, Son of Late Chandramani Sharma, Resident of Village- Lohari, Police Station - Goh in the district of Aurangabad.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Arwal P.S. Case No.283 of 2015 for the offences instituted under Sections 420, 406, 341 and 323/504 of the Indian Penal Code.
The prosecution case, in brief, is on 12.10.2015 one Bhagwati Prasad Singh filed a complaint petition before the court of learned Chief Judicial Magistrate, Arwal alleging therein that the complainant and the petitioner both were posted as Assistant Teacher in Higher Secondary School, Itma under Arwal Block in the district of Arwal and relation between both were very good. The complainant, being the Senior, he always provided help to
Patna High Court Cr.Misc. No.15799 of 2016 (2) dt.16-05-2016 2/3 other colleague teaches. According to him in the month of May, 2006, the petitioner purchased a Bolero Vehicle by taking loan from Bank of India, Arwal in which he became Guarantor. According to him, the petitioner took loan Rs.10,000/- from complainant to give the margin money to the Bank. It is further alleged that again at the time of accident of Bolero vehicle in the month of August, 2006 again the petitioner demanded Rs.5,000/- out of which he paid Rs.4475/- in presence of witness Rajendra Singh @ Gonar Babu but money was not refunded. Again on 22.9.2006, the petitioner demanded Rs.5,000/- for treatment of his brother-in-law in AIIMS, New Delhi and on the request of his wife, the complainant gave Rs.4915/- and altogether the complainant gave Rs.
19,390 to the petitioner. It has been submitted that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. It is further submitted that the allegation is that the petitioner has not returned an amount of Rs.19,390/- to the complainant. Petitioner is ready to deposit an amount of Rs.15,000/- in the court below, which shall be subject to the final disposal of the case On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Patna High Court Cr.Misc. No.15799 of 2016 (2) dt.16-05-2016 3/3 Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.15,000/- in the court below, which shall be subject to the final disposal of the case, let the above named petitioner, 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) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No.283 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) N.H./- U T