Raja Ram Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44429 of 2023 Arising Out of PS. Case No.-2083 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Raja Ram Mahto Son Of Late Feku Mahto Resident Of Village -KHANPUR, Ps- Khanpur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Cr. Com. Case 2083 of 2019 registered for the offences punishable under Sections 323, 379, 406 and 504 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the complainant alleges that petitioner approached him for a loan of Rs. 3,50,000/- for which five kattha 19 dhur of land was mortgaged by the petitioner and it was agreed that petitioner will pay Rs. 10,000/- annually in lieu of the crop and will cultivate the land also and will keep paying the amount till the loan amount is redeemed but did not pay the amount after one year, as agreed.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.44429 of 2023(2) dt.25-08-2023 2/2 petitioner has been falsely implicated in the present case, it is next submitted from perusal of the allegations as alleged in the complaint it would manifest that the dispute is purely civil to which a criminal colour has been given. It is next submitted that if there was any agreement either written or oral and the same stands breached, then the complainant has remedies elsewhere and definitely not by resorting to a criminal case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Cr. Com. Case 2083 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T