Jitendra Singh Birde v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6401 of 2016 Arising Out of PS.Case No. -2475 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Jitendra Singh Birde Son of G.S. Birde Resident of Mohalla - F - 101, Arked - 23, M.G. Road, P.S. - Civil Lines, Allahabad (U.P.). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Umesh Rai son of Sri Parikshan Rai Resident of Village - Kowari Chowk, P.S. Ganga Bridge, District - Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-06-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the complainant.

The petitioner apprehends his arrest in connection with Complaint Case No. 2475/2014 registered for the offences punishable under Sections 406 of the Indian Penal Code. The matter was referred to the Patna High Court Mediation Centre, but the report which has come, goes to reveal that the Mediation has failed.

Having heard learned counsel for the petitioner and learned counsel for the complainant, it appears that the petitioner could not clearly explain the transactions and there are some issues which have remained unanswered on his part. It appears that only a sum

Patna High Court Cr.Misc. No.6401 of 2016 (5) dt.30-06-2016 P2/2 of Rs. 78,530/- is due to the complainant. The same figure is seriously contested by the learned counsel for the complainant who insists that a sum of Rs. 4,83, 000/- stands due as on date against the petitioner.

As such, I am not inclined to grant anticipatory bail to the petitioner. It is accordingly rejected.

(Anjana Mishra, J) Saif/- U T