Pancham Kumar Basak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39277 of 2019 Arising Out of PS. Case No.-51 Year-2017 Thana- COMPLAINT CASE District- Kishanganj ====================================================== PANCHAM KUMAR BASAK Son of Kanu Basak Resident of Central Bank Road, Bahadurganj, P.S.- Bahadurganj, District - Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rohit Kumar Jha Son of Subhod Jha Resident of Shivpuri, Bahadurganj, P.S.- Bahadurganj, District - Kishanganj.

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. C51 of 2017 in which cognizance has been taken under Sections 406, 420 and 423 of the Indian Penal Code.

Allegation against the petitioner is that he has taken Rs.40,000/- from the complainant for treatment of his wife and for that he has also executed an agreement to return the amount within three months but he has not returned the same. Submission of learned counsel for the petitioner is that as a matter of fact he has taken Rs.4,000/- and now the complainant is demanding Rs.40,000/-. On the other hand, learned counsel for the complainant has shown a photo copy of

Patna High Court CR. MISC. No.39277 of 2019(4) dt.03-09-2019 2/2 the agreement which clearly disclosed that petitioner has taken Rs.40,000/- and there is signature of the petitioner over the same.

Heard learned APP also.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T