Dashrath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33119 of 2019 Arising Out of PS. Case No.-337 Year-2018 Thana- ROSERA District- Samastipur ====================================================== Dashrath Sahni S/o Late Saheb Sahni Resident of Mohalla- Dagbar Toli, Ward No. 12, P.S.- Rosera, District- Samastipur.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagdhar Prasad For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-05-2019 Heard both sides.

The petitioner apprehends his arrest in Rosera P.S. Case No.337 of 2018 registered under Sections 323, 342, 379, 406, 420 and 504 of the Indian Penal Code.

The informant alleged that the petitioner purchased one LED TV from the shop of the informant but some amount of LED TV remained due against the petitioner. When the informant went to demand the remaining amount from the petitioner, the petitioner is alleged to have abused and assaulted the informant.

Learned counsel for the petitioner submits that the occurrence took place on 12.08.2018 but the F.I.R. was lodged on 15.09.2018. In fact, prior to the institution of the present case, the petitioner had earlier filed complaint case against the

Patna High Court CR. MISC. No.33119 of 2019(2) dt.21-05-2019 2/2 informant. The petitioner also gave notice to the informant that he sold defective TV to the petitioner.

Having considered the facts that the occurrence is said to have taken place on 12.08.2018 and the F.I.R. was lodged on 15.09.2018 just after one month and prior to institution of the F.I.R., the petitioner had already lodged complaint case against the informant, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I, Rosera, Samastipur in connection with Rosera P.S. Case No.337 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T