Awadh Narayan Mehta @ Awadh Narayan Mahto v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.17461 of 2016 (5) dt.28-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17461 of 2016 Arising Out of PS.Case No. -2254 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Awadh Narayan Mehta @ Awadh Narayan Mahto Son of Khushi Lal Mehta @ Khushi Lal Mahto, Resident of village- Kajha Bishanipur, P.S. K. Nagar, District- Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Khantar Ram Son of Brahmdeo Ram Resident of village- Kushaha, P.S. Bhawanpur, District- Purnea .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. B.M.P Sinha (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-07-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with C.A. No. 2254 of 2015 for the offences registered under Sections 323, 420 and 504 of the Indian Penal Code. Earlier notices have been issued to the opposite party no. 2, but after having entered appearance, through her counsel has failed to appear on several dates.

It is submitted that the present case being a case of civil nature, the remedy for the informant lay in filing a case for specific performance of contract.

Patna High Court Cr.Misc. No.17461 of 2016 (5) dt.28-07-2016 Considering the nature of allegation and there is no resistance on the part of the opposite party no. 2, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Purnea in connection with C.A. No. 2254 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T