Patna High CourtCR. MISC./27149/2017allowed

Hemchand v. State Of Bihar And ANR

2017-07-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27149 of 2017 Arising Out of PS.Case No. -2996 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Hemchand Son of Sri Jageshwar Thakur, R/o Madar Tressa Path, MohallaRamkrishna Nagar, New Bypass Road, P.S.- Ramkrishna Nagar, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar .

2. Sri Sanjeet Kumar Depak, Son of Sri Ram Pravesh Thakur, R/o Sonachak, P.S.- Naubatpur, Distt. Patna, A/p R/o New Yarpur, Shivjipath, P.S.- Gardanibagh, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Verma For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner, State and the counsel appearing on behalf of the Opposite Party No. 2. The petitioner is in custody in connection with Complaint Case No. 2996 (C) of 2015 for the offences under Sections 406 and 417 of the Indian Penal Code. From perusal of the complaint petition, it transpires that the petitioner has been made accused in this case for non-completion of the construction of house for which he received advance of Rs. 12,00,000/- from the complainant but despite completion of one year the petitioner has neither completed the construction of house nor refunded the amount to

Patna High Court Cr.Misc. No.27149 of 2017 (2) dt.01-07-2017 2/2 the complainant.

Having regard to the nature of allegation, this Court is inclined to enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Madhvi Singh, J.M. 1st Class, Patna or the successor Court in connection with Complaint Case No. 2996 (C) of 2015, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T