Sanjay Singh And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.17928 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17928 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Sanjay Singh, Son of late Lalan Singh.

2. Hariom Singh @ Hariom Kumar, Son of Sanjay Singh, Both Resident of Village- Delhwa, P.S. Barbigha, District- Shekhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tanik Pandit, S/o late Hans Raj Pandit, Resident of Village- Keoti, P.S. Barbigha, District- Sheikhpura.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complaint Case No. 43 C of 2016, registered under Sections 323, 341, 504, 420, 418 and 406 of the Indian Penal Code but later on, cognizance has been taken under Sections 323, 504, 406 and 420 of the Indian Penal Code.

The accusation is that, on 23.04.2015, the petitioners entered into an agreement with complainant for construction of the house, on which, complainant purchased bamboo and other materials and started construction work. After finishing the construction work, the complainant made demand of Rs. 1,03,000/- as wage but the petitioners avoided to give the money and also gave

Patna High Court Cr.Misc. No.17928 of 2017 (2) dt.20-07-2017 assurance to pay entire money after eight days. On 30.01.2016, when the complainant made demand of Rs.1,03,000/- then petitioners started to abuse him and also refused to give the money, bamboo and other materials of the complainant. Learned counsel for the petitioners submits that, in fact, labour charge regarding the construction work of the house of the petitioners has already been paid but due to petty matter the present case has been lodged with false allegation. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Sheikhpura, in connection with Complaint Case No. 43 C of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T