Pawan Kumar @ Aditya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38492 of 2017 Arising Out of PS.Case No. -334 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Pawan Kumar @ Aditya Kumar Sono f Shankar Lal Srivastava, Resident of Village-Gaishlal Chowk, POlice Station-Bettiah Town (Kalibagh O.P.), District-West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bettiah Town P.S. Case No. 334 of 2017 instituted for the offence under Sections-406, 420 of the Indian Penal Code.
It has been submitted that the petitioner was an employee of the informant for monthly salary of Rs. 8,000/-. The instant case has been filed by the informant when the petitioner filed a case in the Labour Court for claiming his due remuneration of Rs. 1,16,000/- for which the notice was also served on the informant. The petitioner has filed the case in Labour Court on 21-02-2017 in which, the informant was noticed to appear on 12-04-2017. Thereafter the instant case has been filed making false allegation that he misappropriated the amount of Rs. 199650/-
Patna High Court Cr.Misc. No.38492 of 2017 (3) dt.01-09-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Bettiah Town P.S. Case No. 334 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) A.K.V./- U T