Jai Lal Sahni @ Jalandhar Sahni v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35206 of 2016 Arising Out of PS.Case No. -1781 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Jai Lal Sahni @ Jalandhar Sahni, Son of Rajeshwar Sahni, Resident of Village- Dumri, P.S. Mushahari, District- Muzaffarpur. .... .... Petitioner
Versus
1. The State of Bihar
2. Babu Saheb Kumar S/o Late Gagan Deo Thakur R/o village Katholia PS. Baru Raj Distt. Muzaffarpur.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate For the Opposite Party/s : Mr. Abhay Kumar-I, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 1781 of 2013, registered Sections 406 and 417 of the Indian Penal Code.
The allegation of the complainant is that this petitioner approached him and asked for preparation of C.D. in the name of 'Baba Amar Singh Kebal Maharaj' and demanded Rs. 2,99,055/- from the complainant with assurance that he would return the said money with 15% dividend from net profit. Thereafter, complainant given Rs. 2,25,000/- through different cheque, but the same was not returned in spite of repeated demands.
Learned counsel for the petitioner submits that, in fact,
Patna High Court Cr.Misc. No.35206 of 2016 (2) dt.02-09-2016 2/2 the petitioner has filed Complaint Case No. 1177 of 2013 against the complainant/informant of the present case on 16.05.2013 in the Court of Chief Judicial Magistrate, Muzaffarpur and due to that reason the present case has been lodged against the petitioner. Moreover, the allegation made in the complaint petition is of civil nature. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Muzaffarpur in connection with Complaint Case No. 1781 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J.) manish/- U T