Vinod Kumar @ Pappu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1042 of 2018 Arising Out of PS.Case No. -1675 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Vinod Kumar @ Pappu son of Permanand Prasad, resident of village - Pakri Dikshit, Tola - Bhagy Nagar, P.S. - Kalyanpur, District - East Champaran, Motihari.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shambhu Sah son of Sri Ramadhar Sah, resident of village - Baishakhwa, P.S. - Keshariya, P.O. - Rajepur, District - East Champaran, Motihari. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the State : Mr. Smt. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned counsel for the State. No body appears on behalf of the complainant opposite party no.2.

It is submitted by the learned counsel for the petitioner that a pure civil dispute has been given a colour of criminal offence. He submitted that the ingredients of the offences punishable under Sections 406 and 420 of the Indian Penal Code are not attracted and without application of judicial mind the learned Magistrate has taken cognizance of the offences and summoned the petitioner.

Considering the nature of offence and the submissions

Patna High Court Cr.Misc. No.1042 of 2018 (4) dt.04-04-2018 2/2 made above, the provisional bail granted to the petitioner vide order dated 17.01.2018 is confirmed.

(Ashwani Kumar Singh, J) Md.S./- U T