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Patna High CourtCR. MISC./26805/2021bail granted

Binda Sah v. The State Of Bihar

2022-03-09Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26805 of 2021 Arising Out of PS. Case No.-1721 Year-2015 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Binda Sah, S/o- Late Dhaneshwar Sah Resident of Village- Majhaulia, P.S.- Majhaulia, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prabhunath Sah S/o- Banarsi Sah Resident of Village- Basra, P.S.- Majhaulia, District- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Adv.

For the Opposite Party/s :

Mrs. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-03-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 406 of the IPC, registered in connection with Trial No.2965 of 2020 arising out of Complaint Case No.1721-C/15.

As per allegation, the complainant is a retired Army man. The petitioner took Rs.60,000/- on credit for treatment, but he did not return.

It appears a case of civil nature and ultimate remedy

Patna High Court CR. MISC. No.26805 of 2021(2) dt.09-03-2022 2/2 lies in the civil court not in the criminal side. Considering this facts and circumstances, let the petitioner above named, in the event of his arrest or surrender within three weeks from the date of communication of this order be released on 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, Bettiah in connection with Trial No.2965 of 2020 arising out of Complaint Case No.1721-C/15, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Office shall ensure that all the defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Prakash Narayan /- U T