Patna High CourtCR. MISC./45416/2017allowed

Naresh Rai v. The State Of Bihar

2017-11-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45416 of 2017 Arising Out of PS. Case No.-76 Year-2017 Thana- GOPALPUR District- Patna ====================================================== Naresh Rai, Son of Late Jaipati Rai, Resident of Village- Sona Gopalpur, P.S.- Gopalpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Lovekush Kumar For the Opposite Party/s :

Mr.Pranavi Kumar for the Informant :

Mr. Rudradeo CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-11-2017 Heard learned counsels for the petitioner and the State. Petitioner apprehends arrest in connection with Gopalpur P.S. Case No. 76 of 2017 registered for the offence punishable under sections 323, 504, 506, 406 and 420 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. The dispute involved between the parties is purely civil in nature for which no criminal prosecution is warranted. There is case and counter case. In the complaint lodged by this petitioner against the informant, the Court below has been pleased to take cognizance vide order dated 30.08.2017 copy of which has been annexed as Annexure-6 to the supplementary affidavit filed on behalf of the petitioner. Petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.45416 of 2017(6) dt.28-11-2017 2/2 Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Judge IX, Patna in connection with Gopalpur P.S. Case No. 76 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T