Devendra Kumar Sinha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20166 of 2018 Arising Out of PS.Case No. -1394 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Devendra Kumar Sinha S/o Lata Chandardeep Kumar Sinha, Permanant R/o Village- Jamuhari, P.S.- Mahendra, District- Arwal, At present Doman Path, Balrampath Chhota Govindpur, Railway Crossing, P.S.- Parshudih, District- East Singhbhum (Jharkhand).
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Anjali Devi W/o Late Ravindra Kumar, R/o Village- Salimpur Ahra, near I.M.A. Bhawan, P.S.- Gandhi Maidan, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar No.6 For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Complaint Case NO.1394(C ) of 2017 , registered for offences punishable under Sections 420,354(B) and 504 of the Indian Penal Code.
Allegation against the petitioner as per the complaint petition is that the husband of the complainant was friend of the petitioner, who is a retired government servant and after death of the husband, some relation developed between them as such she had given Rs.75,000/- to the petitioner but he is not returning the same.
Submission of the learned counsel for the petitioner is that
Patna High Court Cr.Misc. No.20166 of 2018 (2) dt.11-04-2018 2/3 he has falsely been implicated in this case and he has not been given Rs.75,000/- and even there is no proof of the same. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of four weeks from the date of receipt of the order and on his surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge XII-cum-A.C.J.M., Patna in connection with Complaint Case No.1394 © of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T
Patna High Court Cr.Misc. No.20166 of 2018 (2) dt.11-04-2018 3/3