Shailendra Kumar Kaushik v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17429 of 2015 Arising Out of PS.Case No. -179 Year- 2003 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Shailendra Kumar Kaushik S/o Late Ram Baran Sharma @ Shashi Bhushan Dutta @ Munshi Jee Resident of Mohalla F.C.I. Road, Fulwarisharif, P.S. Fulwarisharif, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Prem Kumar Mandhan S/o Shri Takechand Mandhan Resident of Village & P.S. Sakri, District Madhubani.

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-05-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 420, 406, 323, 504/34 of the Indian Penal Code.

It is alleged that the complainant has one Firm namely M/s Bhagwati Industries at Naya Tola, Sakri and used to sale fly leaf. The petitioner was the supplier of fly leaf, but ultimately Rs. 1,80,498/- was not paid by the petitioner to the complainant leading to filing of the complaint case. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.17429 of 2015 (2) dt.18-05-2015 petitioner that now the payments have already been made and the complainant and petitioner have filed a compromise petition before the learned Sessions Judge while bail application of the petitioner was under consideration and the same has been brought on record as Annexure-2. This court is not inclined to interfere, since the complaint was filed in 2003 and cognizance was taken in 2004, but in view of the present stand of the parties it is a case for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with C.R. Case No. 179 of 2003, pending in the court of learned Judicial Magistrate, Ist Class, Madhubani. With the above observation this application is disposed of.

It is expected that learned court below will dispose of the application for regular bail preferably on the same day. (Dinesh Kumar Singh, J) P.K./- U T