Kumar Sourav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70716 of 2018 Arising Out of PS. Case No.-667 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Kumar Sourav, Son of Panchanan Kumar, resident of Asmi Apartment, 3rd Floor Haripur Colony Digha, P.S.- Digha, District- Patna. ... ... Petitioner
Versus
1. State Of Bihar,
2. Raj Kumar, Son of Late Ram Bishun Prasad, resident of Village- Chaili Tand, Makhanpur, P.S.- Alamganj, District- Patna.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Siddharth Harsh For the Opposite Party/s :
Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 667 of 2017, registered under Sections 406, 420, 323 and 504 of the Indian Penal Code. The accusation is that on the request of the petitioner, complainant gave Rs. 3,51,000/- as a loan on different dates through cheques and cash, but in spite of several requests, only Rs. 5000/- was deposited by the petitioner in the account of complainant, but remaining amount of Rs. 3, 46,000/- was not paid by the petitioner. Thereafter, legal notice was sent to the petitioner and after receiving the legal
Patna High Court Cr.Misc. No.70716 of 2018(3) dt.04-02-2019 2/2 notice, petitioner came to the house of informant and started to abuse.
Learned counsel for the petitioner submits that, in fact, complainant is own Mausa of the petitioner and on the request of wife of the complainant, petitioner gave Rs. 3,30,000/- on execution of agreement on 12.07.2014, but complainant only returned Rs. 1,76,000/- and grab the remaining amount, but with ulterior motive, the present case has been lodged.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-III, Patna City, Patna in connection with Compliant Case No. 667 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T