Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33935 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Alam, Son of Jagrup Miyan, Resident of Village- Basdiha, P.S.- Jainagar, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Abadh Kishore Sah, Son of Late Ram Dhari Sah, Resident of VillageBaldiha, P.S.- Jai Nagar, District- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with C.R. No. 304 of 2018 corresponding to T.R. No. 2126 of 2019 registered under Section 420 of the Indian Penal Code. The accusation is that petitioner along with his son, Jalil, came at the house of complainant, Awadh Kishore Sah and asked him to get arrange Passport and Visa to go abroad to his son, Shatrughna Sah and demanded Rs.90,000/- for preparation of Passport and Visa and accordingly, complainant handed over Rs.90,000/- to the petitioner and his son and also entered into an agreement on stamp paper to the effect that, if the Passport and Visa will not be prepared within one year, they will return the aforesaid money. In spite of passing over one year, the petitioner and his son did not hand over

Patna High Court CR. MISC. No.33935 of 2019(2) dt.23-05-2019 2/2 the Passport and Visa to the complainant then complainant made demand of money then petitioner and his son refused to return the same. Thereafter, complainant sent the legal notice to the petitioner and his son then they came at the house of the complainant and started to abuse and assault.

Learned counsel for the petitioner submits that petitioner and the complainant are co-villagers and due to dirty village politics, the present case has been lodged with false allegation and petitioner has no criminal antecedent.

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 amount each to the satisfaction of the learned J.M. Ist Class, Madhubani, in connection with C.R. No. 304 of 2018 corresponding to T.R. No. 2126 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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