Harendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57741 of 2015 Arising Out of PS.Case No. -558 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Harendra Kumar son of Saguni Rai, R/o Mohalla- Nandpuri, Bhagwanur, P.S.- Bhagwanpur, District- Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar

2. Sri Rakesh Kumar S/o Late Sachidanand Sharma, R/o Anayatpur, Prabodhi, P.S.- Sarai, District- Vaishali .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : xxx For the Opposite Party/s : Mr. Dinesh Singh , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 558 of 2014, Tr. No. 487 of 2014 in which cognizance has been taken under Sections 406 and 420 of the Indian Penal Code.

It has been contended that the allegation made in the complaint would make out a dispute of civil nature for which institution of a criminal case is nothing but an abuse of the process of the Court.

Patna High Court Cr.Misc. No.57741 of 2015 (2) dt.29-01-2016 2/2 Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in Complaint Case No. 558 / 2014, Tr. No. 487 of 2014 , subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T