Patna High CourtCR. APP (SJ)/4587/2018disposal with observation

Santosh Singh @ Santosh Kumar @ Santosh Kumar Singh v. The State Of Bihar And ANR

2019-01-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.4587 of 2018 Arising Out of PS. Case No.-599 Year-2017 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Santosh Singh @ Santosh Kumar @ Santosh Kumar Singh S/o Mathura Singh, Resident of village- Fatehpur, P.S.- Akbarpur, District- Nawada. ... ... Appellant

Versus

The State Of Bihar and anr bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sheo Kumar Prasad For the Respondent/s :

Smt Usha Kumari No ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 23-01-2019 The appellant seeks pre arrest bail in connection with Complaint Case No. 599 of 2017, registered for offences punishable under Sections 406 of the Indian Penal Code and Section 3 (x) of the SC/ST Act.

Allegation as per complaint petition is that the appellant has taken Rs. 2,34,000/- from the complainant for depositing the installment and when the complainant demanded his money, the appellant refused to pay back the same and threatened the complainant and abused him by calling Harijan.

It has been submitted on behalf of the appellant that there is dispute with respect to purchase of the tractor and allegation is false and concocted.

Patna High Court CR. APP (SJ) No.4587 of 2018 dt.23-01-2019 2/2 Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is disposed of with direction to the appellant to surrender before the court below within a period of six weeks and file a petition that he is ready to deposit the amount in three or four installments, the court below shall release him on provisional bail for a period of four months, during which, period the appellant will deposit the entire amount of Rs. 2,34,000/-, which will be released in favour of the complainant and only after that the court below shall confirm the provisional bail of the appellant otherwise, he is free to pas any order as he deems fit and proper. Accordingly, this appeal is disposed of with above direction.

(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR N/A CAV DATE N/A Uploading Date 28.01.2019 Transmission Date 28.01.2019