Vikas Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48318 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== VIKAS KUMAR @ VIKASH KUMAR Son of Parma Prasad @ Parma Sah Resident of Village - Harsidhi, Ward No. 4, P.S.- Harsidhi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kant Mani Tripathi For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-10-2019 Heard both sides.

The petitioner apprehends his arrest in Harsidhi P.S. Case No.113 of 2019 registered under Sections 323, 341, 406, 420, 379, 504 of the Indian Penal Code.

The informant in her complaint petition alleged that she purchased the vehicle of the petitioner and agreed to pay Rs.2,34,000/- to Sriram Finance Company on installment. The informant paid Rs.1,70,000/- to Finance Company but on 03.10.2018 the petitioner came and assaulted the son of the informant and forcibly took away the vehicle sold by him. The learned counsel for the petitioner submits that it is true that the petitioner had sold the vehicle to the informant but the informant did not deposit the installment to Sriram

Patna High Court CR. MISC. No.48318 of 2019(3) dt.01-10-2019 2/2 Finance Company. Consequently, Sriram Finance Company issued notice to the petitioner and that is why the petitioner took his vehicle which was not in pliable condition. Learned counsel for the petitioner further submits that the informant plied the vehicle on road for more than two years and defaulted in making payment of the loan amount.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioner, let 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 of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Harsidhi P.S. Case No.113 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T