Umesh Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12706 of 2017 Arising Out of PS.Case No. -2196 Year- 2012 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Umesh Kumar Singh, Son of Late Hari Prasad Singh, Resident of VillageMadreha, Police Station- Charpokhari, District- Bhojpur at present Rabi Enterprises Arrah, Bikramaganj Road, District- Rohtas. .... .... Petitioner

Versus

1. The State of Bihar

2. Damyanti Devi, Wife of Vrindavan Tiwari, Resident of VillageMajhiyaon, Police Station- Charpokhari, District- Bhojpur at present Residing at Mohalla - Katira, Police Station- Ara Nawada, DistrictBhojpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar, Advocate.

For the Opposite Parties : Mr. Nand Kishore Pd, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2017 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 2196 (C) of 2012, corresponding to T.R. No. 1671 of 2016 registered for the offences punishable under Sections 406 and 418 of the Indian Penal Code and under Section 138 of the N.I. Act. The complainant alleged that the petitioner invested Rs. 15 lakhs in the business of the petitioner for establishing an agency of tractor but the petitioner did not return the amount nor gave profit to the complainant.

Learned counsel for the petitioner submits that the petitioner has already returned the entire amount in the bank

Patna High Court Cr.Misc. No.12706 of 2017 (2) dt.08-04-2017 2/2 account of the complainant and for that the petitioner has filed supplementary affidavit. It is further submitted that the petitioner has not yet been declared absconder. The case is of civil nature. Considering the facts aforesaid and the fact that the dispute arose during business transaction, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 the Chief Judicial Magistrate, Ara, Bhojpur in Complaint Case No. 2196 (C) of 2012, corresponding to T.R. No. 1671 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J.) KKSINHA/- U T