Pradip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32970 of 2019 Arising Out of PS. Case No.-2235 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Pradip Kumar, S/o Shiv Shankar Prasad, Resident of Village- Jaisingpur, P.S.- Turjauliya, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nagina Singh, S/o Late Raja Bhagat, Resident of Village- Jaisinghpur, P.S.- Turkauliya, District- East Champaran.

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2019 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. 2235 of 2018, registered under Section 406, 420, 323 and 504 of the Indian Penal Code. The accusation is that Deepak Kumar, son of complainant, Nagina Singh, obtained the licence from 09.04.2013 to 14.06.2017 of Grahak Seva Centre of State Bank of India, Turkauliaya and the said center was being run by his son Deepak Kumar in the house of Ram Janam Singh and the petitioner, who used to reside in the house of informant, used to help in the work of Deepak Kumar. In that course, petitioner

Patna High Court CR. MISC. No.32970 of 2019(2) dt.20-05-2019 2/3 demanded some money from his son Deepak Kumar then his son Deepak Kumar handed over three cheques, on 18.03.2016 of Rs.32,000/-, on 02.06.2016 of Rs.43,000/- and on 06.06.2016 of Rs.20,000/- to the petitioner. Later on, on request of the petitioner, his son sent Rs. 1,00,000/- in the account of Triloki Kumar, brother-in-law of petitioner. In the meantime, petitioner kidnapped the granddaughter of landlord Ram Janam Singh with some papers. After sometime, matter was pacified then Deepak Kumar demanded the money, which was taken by the petitioner, but he refused to return the same.

Learned counsel for the petitioner submits that, in fact, petitioner had filed Complaint Case No. 2011 of 2018 in the court of Chief Judicial Magistrate, East Champaran at Motihari, against Deepak Kumar, son of the informant on 26.09.2018 under Section 138 of the N.I. Act and Section 420 of the Indian Penal Code but thereafter, only to give undue pressure, the present case has been lodged with false allegation. 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.32970 of 2019(2) dt.20-05-2019 3/3 amount each to the satisfaction of the Learned A.C.J.M.-XIV, Motihari, East Champaran, in connection with Complaint Case No. 2235 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T