Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21747 of 2019 Arising Out of PS. Case No.-716 Year-2015 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== DHARMENDRA KUMAR, aged about 35 years, male, S/o Sri Ram Badan Ray R/o Mohalla- Jewrakhan Tola, P.O.- Byapur, P.S.- Maner, District- Patna ... ... Petitioner

Versus

1.

The State of Bihar 2.

Pramod Kumar Singh, aged about 36 years, male, S/o Late Jaganath Singh Village- Jewrakhan Tola, P.O.- Byapur, P.S.- Maner, District- Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Pandey, Advocate.

For the Opposite Parties:

APP For the Complainant : Mr. Lakhmindra Kumar Yadav, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 323 and 504 of the Indian Penal Code registered in connection with Complaint Case No. 716(c) of 2015.

3. It is submitted that the petitioner has been falsely implicated on the basis of a complaint-based F.I.R., on the accusation of having taken money from the informant, out of which an amount of Rs. 15,36,836/- remains outstanding. There is no objective material to corroborate the complainant/informant's claim of having advanced money to the petitioner in cash or by cheque. It is submitted that in any event the dispute between the parties is purely of civil nature. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the informant opposes the anticipatory bail petition.

5. By order dated 09.04.2019, this Court had granted an opportunity to the complainant/informant to produce proof of

Patna High Court CR. MISC. No.21747 of 2019(4) dt.17-07-2019 2/2 payment of amount to the petitioner through cheque, but no such material has been brought on record.

The complainant/informant has pleaded that the counterfoil of the relevant cheque is lost.

6. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Complaint Case No. 716 of 2015, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar/BT U T