Srikant Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41875 of 2014 Arising Out of PS.Case No. -1210 Year- 2012 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Srikant Pal, Son of Pundeo Pal, Resident of Village-Nautan Khurd, P.S.- Majhaulia, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Complaint Case No. 1210(c) of 2012 registered under Sections 323, 379, 420 and 504 of the Indian Penal Code. The accusation is that Pundeo Pal, father of the petitioner took Rs. 1,30,000/- from the complainant for the purpose of marriage of his daughter and executed an agreement that he will return the said amount till 30.05.2012 and if the said money is not returned, he will execute his two katha ten dhoors land in his favour. The petitioner and his father neither returned money nor executed the sale deed and when the complainant

Patna High Court Cr.Misc. No.41875 of 2014 (2) dt.16-04-2015 2/2 demanded his money, they abused and assaulted him. Learned counsel appearing on behalf of the petitioner submits that it would appear from the complaint petition itself that the dispute is of civil in nature. It is also submitted that if complainant has any grievance with regard to land, he may take recourse to law before the civil Court having competent jurisdiction Having considered the facts and circumstances of the case and nature of allegation, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., West Champaran, Bettiah in connection with Complaint Case No. 1210(c) of 2012 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J.) Shail/- U