Patna High CourtCR. MISC./1781/2015bail granted

Bimlesh Kumar Das v. State Of Bihar And ANR

2015-01-15Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.1781 of 2015 (2) dt.15-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1781 of 2015 Arising Out of PS.Case No. -3046 Year- 2012 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Bimlesh Kumar Das .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 15.01.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Complaint Case No. 3046 of 2012 in which cognizance has been taken under sections 406,420 and 384 of the IPC.

According to the complaint case itself, petitioner took Rs 10/- lakhs on 28.02.2007 and Rs 5/- lakhs on 01.03.2007 and complainant filed Complaint Case No. 2673 of 2010 in respect of the above stated amount of Rs 10/- lakhs but she did not even whisper in respect of amount of Rs 5/- lakhs in Complaint Case No. 2673 of 2010.

The contention on behalf of the petitioner is that the aforesaid Complaint Case No. 2673 of 2010 has been disposed of and the petitioner has already been acquitted of the charges and moreover, even if pleading of complaint petition assumed to be true, then also, it is only case of breach of contract.

Patna High Court Cr.Misc. No.1781 of 2015 (2) dt.15-01-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Ajay Kumar, Judicial Magistrate, Ist Class, Purnea/ concerned court in Complaint Case No. 3046 of 2012 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T