Mukesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38046 of 2014 Arising Out of Complaint Case No. -1381 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Mukesh Kumar Singh, Son of Bhagya Narayan Singh, Resident of village and P.S.- Hathauri, District- Muzaffarpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Dr. Amrendra Kumar, Mr. Md. Anisur Rahman, Advocates For the State : Mr. Anil Kr. Singh (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in a complaint case filed under Section 406 of the Indian Penal Code. As per the allegation, the petitioner allured the complainant for making deposit in his chit fund business which was running in the name and style of Ujjawaldeep Swyamsevi Sansthan. The complainant allegedly gave Rs.40,000/- but the petitioner has neither given any receipt nor has he returned the money.

However, it is submitted on behalf of the petitioner that this case has only been filed with ulterior motive only as a counter blast to Annexure 3 which is the first information report

Patna High Court Cr.Misc. No.38046 of 2014 (2) dt.04-03-2015 2 / 2 lodged by the petitioner against the complainant for assaulting and snatching of Rs.65,000/-. It appears that a ferdbyan was recorded in Sri Krishna Medical College Hospital at ward no.5 whereas petitioner claims to have been admitted after receiving injury. It is stated that the complainant remained in custody in connection with the aforesaid case also. Thereafter, he has filed this complaint case only to harass the petitioner as the petitioner is not involved in running any chit fund business.

Having regard to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in complaint case no.1381/13 (Tr. No.5194/14), the above named petitioner, Mukesh Kumar Singh shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sri Mithilesh Kumar, J.M., Ist Class, Muzaffarpur subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Sanjay-II/- U T