Lalji Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28457 of 2019 Arising Out of PS. Case No.-747 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== LALJI RAY S/o Ved Prakas Ray R/o village- Lodipur Bazar, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Hareram Rai S/o Late Thakur Rai R/o village- Nilkanth Tola Goraia Asthan, P.S.- Maner, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2019 Learned counsel for the petitioner is permitted to make correction in para 4 of the bail petition during the course of the day.

Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.747(c) of 2017 registered under Sections 420, 323, 504 of the Indian Penal Code.

The complainant alleged that he agreed to purchase auto rickshaw bearing registration No.BR.-1PE-7718 on consideration of Rs.1,50,000/- and paid Rs.36,000/- to Lalji Ray. The complainant paid the entire money to the petitioner and his wife but dispute arose for payment of Rs.9,000/- and the accused did not transfer the auto rickshaw to the complainant.

Patna High Court CR. MISC. No.28457 of 2019(2) dt.30-04-2019 2/2 The auto rickshaw is hypothecated to Bank at Rs.68,000/-. When the complainant went to demand money, the accused persons assaulted him.

The learned counsel for the petitioner submits that petitioner did not receive the entire amount of consideration but complainant forged the acknowledgment of receipt and wanted to get the owner book transferred in his name. Taking into consideration the facts that there is dispute with regard to payment of consideration money of the auto rickshaw and the petitioner disputed to receive the entire consideration money, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVI, Danapur in connection with Complaint Case No.747(c) of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T