Ganga Sagar Yadav v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33073 of 2015 Arising Out of PS.Case No. -2641 Year- 2014 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Ganga Sagar Yadav Son of Sri Nath Yadav Resident of VillageTopratola,P.S. Pirpainti ,district Bhagalpur. .... .... Petitioner
Versus
1. The State of Bihar
2. Akshay kumar Son of sri Lalan Prasad Yadav Resident of Villagemajrohi, P.s Pippainti, district Bhagalpur.
3. Rama Shankar Yadav Son of late Ram Kripal Yadav Resident of Villagetopratola,P.S. Pirpainti ,district Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Adv. For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2015 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 2641/2014, registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.
The complainant alleged that he lent Rs. 12 lacs to the petitioner on 07.03.2012 and 27.07.2012 through cheques, but even after lapse of four years the petitioner did not refund his money. Later on the petitioner assured to get the money adjusted at the time of execution of sale-deed by his brother and sister-inlaw. It is submitted that no offence under Section 406 and
Patna High Court Cr.Misc. No.33073 of 2015 (3) dt.15-10-2015 2/3 420 of the Indian Penal Code is made out. Admittedly, the petitioner borrowed money from the complainant and the same was to be adjusted. The complainant on the same day filed Title Suit no. 761/2014 for specific performance of contract. Learned counsel for the complainant, however, opposed the prayer for bail and submitted that the petitioner after taking money did not return the same.
Having considered the facts that the complainant filed a complaint as well as suit for specific performance of contract for execution of sale-deed or for recovery of the said amount, 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, is directed to be enlarged 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 Sri Rajeev Ranjan Raman, Judicial Magistrate 1st Class, Bhagalpur in connection with Complaint Case No. 2641/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi/-
Patna High Court Cr.Misc. No.33073 of 2015 (3) dt.15-10-2015 3/3 U T