Diwakar Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43185 of 2014 Arising Out of PS.Case No. -274 Year- 2010 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Diwakar Prasad Singh, Son of Late Bacchi Prasad Singh, Resident of Village - Saidpur, P.S. - Gopalpur, District - Bhagalpur, Advocate, at Civil Court Naugachia, District - Bhagalpur .... .... Petitioner
Versus
1. The State of Bihar
2. Bibhas Prasad Singh, Son of Late Jwala Prasad Singh, Resident of village- Latti Pakar, P.S.- Gopalpur, District- Bhagalpur .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr. Dr. Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 02-07-2015 The petitioner figured as an accused in Complaint Case No.274 of 2010, wherein offence punishable under Sections-120B, 419, 420, 406, 384, 386, 467 and 468 of I.P.C. was alleged.
Apprehending his arrest, the petitioner filed A.B.P. No.1958 of 2014, in the court of learned Sessions Judge, Bhagalpur. The same was dismissed on 3.9.2014. Hence, this application for anticipatory bail under Section-438 of Cr.P.C.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Even if one goes by the complaint, it is
Patna High Court Cr.Misc. No.43185 of 2014 (3) dt.02-07-2015 2/2 evident that the petitioner taken some amount by way of loan from the complainant for treatment and that he did not refund that amount. In a matter of this nature, it is not necessary that the petitioner must be arrested. Application is allowed.
In the event of arrest, let the petitioner named above be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Naugachia, District Bhagalpur, in connection with Complaint Case No.274/2010, subject to the conditions laid down under Section-438(2) of Cr.P.C.
(L. Narasimha Reddy,CJ) K.C.jha/- U T