Pragati Kumar @ Pragati Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44638 of 2024 Arising Out of PS. Case No.-10043 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Pragati Kumar @ Pragati Yadav S/O Sri Krishna Murari Yadav R/O Golghar Park Road,P.S.-Gandhi Maidan,Distt-Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sunil Kumar Singh, Advocate For the State :

Mr. Rajendra Nath Jha, APP For the Complainant :

Mr. Santosh Kumar / Mr. Prem Ranjan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant.

2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 420, 406, 409, 504, 506 of the Indian Penal Code.

3. As per complaint case, on the assurance of petitioner, the complainant paid Rs. 5 lacs to the petitioner for purchase of e-auto rickshaw. The petitioner delivered six electric vehicles to the complainant, but all were found defective and when the complainant tried to exchange the same, the petitioner refused to do so.

4. Learned counsel for the petitioner submits that complainant has suppressed this fact that for the same cause of action, he has already filed a complaint, vide Complaint No. 208 of 2021 before the District Consumer Redressal Forum, Patna,

Patna High Court CR. MISC. No.44638 of 2024(3) dt.05-09-2024 2/2 which is presently pending and this petitioner upon notice has already appeared in the said case. Learned counsel further submits that the issue, involved in the present case, is purely of civil nature, for which, complainant has already filed a complaint before the District Consumer Redressal Forum, Patna and only to put pressure on petitioner, criminal hue has been lent to a civil natured issue. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in connection with Complaint Case No. 10043(C) of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T