Patna High CourtCR. MISC./15222/2016rejected

Moulvi Mosobbir @ Md. Moulbi Mosowwir v. The State Of Bihar

2016-06-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15222 of 2016 Arising Out of PS.Case No. -263 Year- 2014 Thana -KASBA District- PURNIA ====================================================== Moulvi Mosobbir @ Md. Moulbi Mosowwir S/o Abdul Kalam Resident of Village - Echalo, P.S. Dagarna Dist - Purnea. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Mallick, Advocate.

For the Opposite Party : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-06-2016 Heard both sides.

The petitioner apprehends his arrest in Kasba P.S. Case No. 263 of 2014 registered for the offences punishable under Sections 385, 420, 504 and 506 of the Indian Penal Code. The informant alleged that he purchased a JCB machine bearing Registration No. BR01GC-6615 and gave to Moulvi Mosobbir the petitioner and Hafiz Samaruddin to ply the machine and pay the installments of loan. The petitioner paid installment from March 2013 to May 2014, but stopped payment from June 2014. The informant had paid Rs. 3,00,000/- of installment from June 2014 to November 2014. It is alleged that when the informant pressurized for money the petitioner and his partner took the JCB machine and demanded extortion of Rs. 10,00,000/-.

Patna High Court Cr.Misc. No.15222 of 2016 (3) dt.30-06-2016 2/2 Learned counsel for the petitioner submits that the petitioner paid the entire dues and the informant himself kept the JCB machine, but from perusal of the case diary it appears that the JCB machine was seized from village Echalao, P.S. Dagarna and witnesses said that the petitioners forcibly took JCB machine. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T