Razik Hussain v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.11708 of 2015 (2) dt.27-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11708 of 2015 Arising Out of PS.Case No. -686 Year- 2010 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Razik Hussain S/o Late Zahid Hussain Resident of Dr. Mohan Singh Road, near Kaliasthan, P.O. & P.S. Jandaha, District Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Firoze Alam @ Firoze Khan S/o Md. Rafique Resident of Village , Post Office and Police Station Jandaha, District Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Md. Najmul Bari For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 686 of 2010 in which cognizance has been taken for the offence punishable under Section 420 of the Indian Penal Code.

The accusation against the petitioner is that he took huge amount from the complainant (opposite party no. 2) in the name of providing job to him but submission on behalf of the petitioner is that the complainant had taken loan of Rs. 1,25,000/- from the petitioner and when petitioner demanded the above stated

Patna High Court Cr.Misc. No.11708 of 2015 (2) dt.27-04-2015 amount, the complainant deposited some amount in the account of the petitioner and later on, refused to return the entire loan amount and lodged this false case with an intent to pressurize the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Noor Sultan, Judicial Magistrate 1st Class, Hajipur, Vaishali in Complaint Case No. 686 of 2010 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T