Shankar Ram v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34735 of 2017 Arising Out of PS.Case No. -1242 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Shankar Ram, Son of Late Saryug Ram, Resident of Mohalla- Sipara, Post Dhelwa, P.S.- Beur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Madhu Devi, wife of Sri Binay Kumar, Resident of MohallaMusallahpur Yadav Lane, P.O.-Mahendru, P.S.- Kadamkuan, District - Patna-800006.

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

For the Petitioner/s : Mr. Nirmal Kumar Tripathi For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1242(C) of 2015 registered for the offences punishable under Sections 323, 379 and 406 of the Indian Penal Code. The complainant alleged that the petitioner took Rs. 3 lakhs from her but he did not return the money. Learned counsel for the petitioner submits that the petitioner never took any money from the complainant. The dispute is of civil nature. The complainant did not produce any agreement.

Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that the dispute

Patna High Court Cr.Misc. No.34735 of 2017 (2) dt.10-08-2017 arose due to non-payment of money, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Ist Class, Judicial Magistrate, Patna in Complaint Case No. 1242(C) of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) KKSINHA/- U T