Binod Singh @ Binod Chaudhary And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2952 of 2015 Arising Out of PS.Case No. -106 Year- 2013 Thana - WEST CHAMPARAN COMPLAINT District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Binod Singh @ Binod Chaudhary

2. Rajdeo Chaudhary Both sons of Rambriksha Chaudhary, resident of Village + P.S . - Semra, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard both sides.

The petitioners are apprehending their arrest in a case registered under Section 420 and other sections of the Indian Penal Code.

The complainant alleged that the petitioners took Rs. 65,000/- and executed a deed of mortgage in favour of the complainant on condition that the mortgage money would be returned by 31.05.2009, but the same was not returned when the complainant demanded the money.

It has been submitted by the learned counsel for the petitioners that the complainant has already filed a money suit bearing no. 3 of 2012.

Patna High Court Cr.Misc. No.2952 of 2015 (2) dt.21-01-2015 2/2 The dispute appears to be of civil nature.

Considering the facts aforesaid, the above named petitioners, in the event of their 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, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri A.R. Upadhyay, Judicial Magistrate 1st Class, Bagaha, West Champaran in Tr. No. 5092/2014, arising out of Complaint Case No. 106-C/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T