Randhir Singh @ Randhir Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61649 of 2017 Arising Out of PS.Case No. -520 Year- 2009 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Randhir Singh @ Randhir Kumar Singh, Son of Kapildeo Prasad Verma, Resident of Village- Deokuli, P.S.- Bihta, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ramadhar Singh, Son of Sant Lal Singh, Resident of VillageBeldarichak, P.S.- Sigori, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sushant Praveer For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a complaint case, wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 341, 385 and 420/34 of the Indian Penal Code.
The prosecution case, as per the complaint petition, is that on 26.01.2008 the petitioner and his father came and demanded Rs.2,00,000/- from the complainant, on assurance to return the same within six months, upon which the complainant gave Rs. 1,60,000/- , but thereafter they did not
Patna High Court Cr.Misc. No.61649 of 2017 (2) dt.20-12-2017 2/3 return the money to the complainant and when the complainant demanded the same the accused persons misbehaved with the complainant and picked out cash of Rs.800/- and mobile phone from his pocket.
It is submitted by learned counsel for the petitioner that there is no proof with regard to the payment and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Considering the nature of accusation, keeping in view the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Complaint Case No. 520(C) of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Since the complaint petition has been filed in 2009 but the petitioner preferred anticipatory bail application before the learned Sessions Judge in 2017 and thereafter before this Court and hence, the learned Court below will positively
Patna High Court Cr.Misc. No.61649 of 2017 (2) dt.20-12-2017 3/3 cancel the bail bonds of the petitioner, if he defaults for three consecutive occasions.
(Dinesh Kumar Singh, J) DKS/- U T