Sampat Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77441 of 2018 Arising Out of PS. Case No.-279 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Sampat Kumar S/o Sri Sudanshan Singh, R/o Vill.- Lekha Bigaha, P.S.- Arwal, District- Arwal.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Manwar Alam, S/o Kurshid Alam, R/o Vill.- Malhipatti, P.S. and districtArwal. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 279 of 2017 arising out of Arwal P.S. Case No. 55 of 2017, disclosing offences under Sections 323, 406, 420 and 504 of the Indian Penal Code. Allegation against the petitioner is that he has taken Rs. 1,55,000/-from the complainant, for which an agreement was also made but the petitioner did not return the same. Learned counsel for the petitioner drawn the attention of this Court towards the petition and solemn affirmation and submitted that in complaint petition, the complainant has alleged that the petitioner took the money from him, whereas, on solemn affirmation before the court, the complainant has

Patna High Court CR. MISC. No.77441 of 2018(3) dt.12-04-2019 2/2 stated that the money was taken by one Sanjay Bind and earlier the police after investigation has submitted final form not finding the case true against the petitioner, however, on protest cognizance was taken.

Heard learned A.P.P. and learned counsel for the complainant. Learned counsel for the complainant has submitted that in spite of agreement, the petitioner is not returning the amount.

Having heard both sides, considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, in connection with Complaint Case No. 279 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T