Niraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36786 of 2014 Arising Out of PS.Case No. -3218 Year- 2012 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Niraj Kumar Singh S/o Subodh Kumar Singh Resident of village- Kodariya, P.S.-Siwaipatti, District- Muzaffarpur at present Residence of M ohallaAkharha Ghat Sadhu Gachhi, P.S.- Ahiyapur, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : M/s A.K. Thakur and Dudh Nath Singh, Advocates For the Opposite Party : Mr. Navin Kr. Panday, APP =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 20-02-2015 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offences punishable under section 420 of the Indian Penal Code. It is submitted that co-accused Mahesh Kumar Choudhary took four lacs from the complainant and further demanded three lacs in the name of the petitioner. The same was, accordingly, given to him though later on the complainant allegedly came to know that the aforesaid Mahesh Kumar Choudhary had executed a power of attorney in favour of another person, namely, Sanjay Gupta who had executed another power of attorney in favour of Jawahar Gupta and the petitioner had stood as a witness to the aforesaid power of attorney.

However, it is submitted on behalf of the petitioner that, in

Patna High Court Cr.Misc. No.36786 of 2014 (2) dt.20-02-2015 fact, the complainant was negotiating to sell his car to him for which he had paid an amount of three lacs by a cheque. Since the deal could not materialise, the petitioner demanded his money back which was given to the petitioner by the concerned cheque which could not be encashed due to the closure of the concerned Bank Account of the complainant for which a Complaint Case No. 2500 of 2000 was filed by the petitioner which is pending before the court of a Judicial Magistrate, Ist Class, Muzaffarpur. It is, thus, contended that, in the aforesaid facts and circumstances, the petitioner cannot be saddled with the allegation of cheating etc.

Having regards to the facts and circumstances of the case, let the abovenamed petitioner, namely, Niraj Kumar Singh, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Complaint Case No. 3218/2012 corresponding to Trial No. 3981/2013 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Smt. Mausmi Singh, Judicial Magistrate, Ist Class, Muzaffarpur, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) SC/- U T