Ayodhya Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22709 of 2015 Arising Out of PS.Case No. -24 Year- 2015 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Ayodhya Paswan Son of Late Balyogi Paswan resident of village & P.O. Gadari, P.S. Karakat ( Godari ), District - Rohtas .... .... Petitioner

Versus

1. The State of Bihar

2. Baijnath Prasad Son of Late Kamta Prasad resident of village & P.O. Gadari, P.S. Karakat ( Godari ), District - Rohtas .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sada Nand Ray For the Opposite Parties : Mr. Sahin Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-06-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 406 of the Indian Penal Code.

It is alleged that petitioner took loan of Rs. 1,05,000/- from the complainant for performing marriage of his daughter. Subsequently the petitioner agreed to transfer his land in favour of the complainant and in lieu thereof the petitioner again took Rs. 10,000/- from the complainant but neither sale deed was executed nor money was returned and when complainant demanded his money back then complainant was threatened to implicate in the false case under SC/ST Act.

Patna High Court Cr.Misc. No.22709 of 2015 (2) dt.26-06-2015 2/2 It is submitted by learned counsel for the petitioner that wife of the petitioner filed Dehri P.S. Case No. 58 of 2014 against the complainant on 24.12.2014 levelling accusation under Sections 323, 341, 379, 504, 506/34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act and thereafter the present complaint has been filed on 13.01.2015 and there is no proof with regard to payment.

Considering the lodging of the case by the petitioner's side at earlier point of time, 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 anticipatory 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, Bikramganj, Rohtas in connection with Complaint Case No. 24 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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