Arvind Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20369 of 2020 Arising Out of PS. Case No.-890 Year-2018 Thana- COMPLAINT CASE District- Banka ====================================================== Arvind Mandal Son of Late Manohar Mandal Resident of Village - Bindi, Police Station - Banka, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2020 The Court proceeding has been conducted through virtual mode.

Since the physical court proceeding is nonfunctional due to the present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of the resumption of the physical Court proceedings.

In case of non-removal of the defects within undertaken period, the office shall place the matter before the bench.

Heard learned counsel for the petitioner and learned counsel for the State.

2/4 The petitioner is apprehending his arrest in a complaint case wherein process has been directed to be taken after cognizance being taken for the offences punishable under Sections 323 and 420 of the Indian Penal Code, 1860.

The prosecution case as per the complaint is to the effect that on 05.07.2005 the petitioner borrowed cash amount of Rs. 11000/- from the complainant on promise to return very soon but the petitioner did not return despite several reminders given by the complainant. On 24.06.2018, the complainant went to get his money when he was assaulted by the petitioner and other co-accused persons.

It is submitted by learned counsel for the petitioner that for the accusation of alleged money borrowed in 2005, the present complaint has been filed in 2018. Moreover, there is no proof with regard to payment made to the petitioner.

A statement has been made in para 3 of the

3/4 petition that petitioner is not having any criminal antecedent.

Considering the accusation arising out of civil nature of dispute and the fact that for the cause of action arose in year 2005, the complaint has been filed in 2018, coupled with the fact that petitioner is not having any criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on provisional anticipatory bail for a period of three months on furnishing one surety to the satisfaction of learned Judicial Magistrate, 2nd, Banka in connection with Complaint Case No. 890 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. However, in view of the present pandemic COVID-19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card to the effect that he is ready to become the bailor of the petitioner

4/4 which may be transmitted by such surety to the learned Court concerned through e-mode.

The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 2nd, Banka in connection with Complaint Case No. 890 of 2018 including one surety given at the time of provisional bail.

The learned Court below will be at liberty to further extend the period of provisional bail if the Court proceeding in physical mode will not resume in next three months.

Accordingly the present application stands disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T