Santosh Kumar Suman @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48030 of 2014 Arising Out of PS.Case No. -1604 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Santosh Kumar Suman @ Santosh Kumar Son of Sri Jagat Narayan Thakur, Resident of Village-Amnaur, P.S.-Aurai, District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Dr. M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-05-2015 Learned counsel for the petitioner appears to be right in his submission that a purely civil dispute between the parties is attempted to be pursued in a criminal proceeding. He has contended that institution of the complaint case, with the allegation as mentioned therein, is an abuse of the process of the court.

In compliance of an earlier order dated 15.04.2015, an affidavit has been filed on behalf of the complainant which also gives a clear picture that it is a purely civil dispute between the petitioner and complainant.

In view of submissions, as above, the petitioner, above named, in the event of his arrest/ surrender within a period of six

Patna High Court Cr.Misc. No.48030 of 2014 (3) dt.14-05-2015 2/2 weeks from today shall 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 learned Chief Judicial Magistrate, Muzaffarpur in connection with Complaint case No. 1604/2014, corresponding to Tr. No. 1729/ 2014 subject to conditions as laid down u/s 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) BKS/- U T