Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21587 of 2019 Arising Out of PS. Case No.-563 Year-2015 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Sanjeev Kumar, Son of Ganesh Prasad Sah, Resident of Road No.8, Chandmari Road, P.S-Kankarbagh, District-Patna (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manish Kumar, Son of Late Arun Kumar Gupta, Resident of VillageSanhauli, P.S-Chitragupt Nagar, District-Khagaria (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2019 This is an application for grant of anticipatory bail in connection with Compliant Case (Khagaria) No. 563C of 2015, disclosing offences under Sections 418 & 420 of IPC. As per complaint case allegation against the petitioner is that complainant has lost his right hand 7-8 years ago and for that he paid Rs.1,50,000/- in two installments for supply of artificial hand of German made and the same delivered to him but the same was not of German made and thereafter, the petitioner taken back the artificial hand and assured him to supply German made artificial hand to him but the petitioner has neither returned the amount nor has supplied the German made artificial hand to the complainant.

During the course of argument, learned counsel for

Patna High Court CR. MISC. No.21587 of 2019(3) dt.03-07-2019 2/2 the petitioner has submitted that he is still ready to supply the artificial hand of German made to the complainant within a period of six weeks.

On the other hand, learned counsel for the opposite party no.2 has appeared and submitted that he has no objection to that.

In such view of the matter, let the petitioner, above named, surrender before the learned court below by 15.07.2019 and on his surrender, he will be enlarged on provisional bail for a period of four weeks on condition that he will supply the German made artificial hand to the complainant and the complainant shall file a certificate to that effect before the learned court below. Once the court below is satisfied that the petitioner has supplied the German made artificial hand to the complainant, he shall confirm the bail bonds of the petitioner, otherwise he is free to pass any order as it deem fit and proper including cancelling the bail bonds of the petitioner. With the aforesaid observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T