Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15467 of 2017 Arising Out of PS.Case No. -476 Year- 2016 Thana -BARBIGHA District- SEKHPURA ======================================================

1. Arun Kumar Son of Late Nageshwar Singh Resident of Village-Pain, P.S.and District Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in Barbigha P.S.Case No. 476 of 2016 registered for offences punishable under Sections 420 and 406 of the Indian Penal Code. The accusation is that the petitioner on 24.10.2016 came at the house of the informant, who is a Gold smith, and asked to give advance before Dhanteras saying that in the marriage of his brother, ornaments are required, thereafter, the informant gave Rs. 7,00000/- ( seven lacs) cash and also one gold bracelate for exchange but till the marriage of his brother the petitioner did not give the ornaments in spite of repeated request.

Patna High Court Cr.Misc. No.15467 of 2017 (4) dt.11-08-2017 2/2 The informant and his family members made calls on several occasions but the petitioner neither received calls nor given any reply.

Learned counsel for the petitioner submits that in fact the petitioner had neither demanded Rs. 7,00,000/- from the informant as alleged and nor committed any offence as alleged in the F.I.R.. It is further submitted that due to grudge and enmity, this false case has been registered against the petitioner. Considering the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each in connection with Barbigha P.S.Case No. 476 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate- 2nd , Sheikhpura , subject to the condition laid down under Section 438

(2) of the Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Sudha/- U