Satyadeo Trigunayat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57954 of 2017 Arising Out of PS.Case No. -30167 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Satyadeo Trigunayat, son of late Devta Trigunayat, resident of villageDumrathu, Police Station- Goh, District- Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP For the Informant : Mr. Shivendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Complaint Case No.30167 (C) of 2014 instituted for the offence under Section(s) 406 Indian Penal Code.
It has been submitted that both parties are Gotiyas. Title Suit No.207 of 2014 is pending between the parties in which petitioner has been made defendant no.2. Cousin of the Complainant has also filed Complaint Case No.464 of 2014, which is pending before the Additional Chief Judicial Magistrate, Daudnagar.
It is alleged in the Complaint Petition that Rs.3.5 lac
Patna High Court Cr.Misc. No.57954 of 2017 (2) dt.12-12-2017 2/3 was taken by the petitioner from the Complainant as loan at the time of his daughter's marriage in the year 2013 and one agreement was prepared on 15.04.2013, which is part of the Complaint Petition, and it was agreed that the aforesaid amount would be returned by the petitioner within twenty months. The Complainant has not returned the aforesaid amount in spite of repeated request.
Counsel for the petitioner has submitted that he has not signed on the aforesaid agreement. Case has been filed on account of dispute between the parties for property. Counsel for the informant has appeared and opposed the prayer for bail.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.30167 (C) of 2014, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sri Om Prakash, (VIth), Additional Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438(2) Cr. P.
Patna High Court Cr.Misc. No.57954 of 2017 (2) dt.12-12-2017 3/3 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 petitioner.
(Sanjay Priya, J) JA/- U T