Aruneshwar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31533 of 2014 Arising Out of PS.Case No. -450 Year- 2003 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================
1. Aruneshwar Verma Son of Prof. K.K. Verma Resident of 3A/12, Mahesh Nagar, P.O.- Keshri Nagar, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar
2. Kishore Kumar S/O Sri Sri Nandan Prasad Singh .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gaurav Govind For the Opposite Party/s : Mr. Sunil Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-04-2015 The service report of the notice sent through Nazarat has been received which is valid. Inspite of notice opposite party no.2 has not appeared though opposite party no.2 has received notice personally.
Heard learned counsel for the petitioner as well as learned counsel for the State.
In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 406, 448 and 385 of the I.P.C.
Allegedly, due to assurance given by the petitioner the complainant started business with M/S Asvin Healthcare, Baroda and get the security money of Rs. 1,00,000/- deposited with an
Patna High Court Cr.Misc. No.31533 of 2014 (3) dt.15-04-2015 2/3 agreement that the company will give 16% interest thereon to the complainant and further 6% per month over the sale of medicine, but the said business could not last due to non-cooperation of the petitioner and in place of security money totaling Rs. 1,59,000/- the petitioner's company only gave a draft of Rs. 54,000/- and the petitioner started putting pressure to submit F-form, i.e. Sales Tax and thereafter on 06.03.2003 the petitioner and three others reached at the business premises pointing out revolver and caused threats.
Submission is of false implication and that the petitioner was only an employee of M/S Asvin Healthcare, Baroda and after passage of time he left the job and as such he cannot be made responsible with regard to any breach of business transaction as there was an agreement with the Company and if any breach failed the company will be solely liable for that and only with a view to harass the petitioner this case has been lodged. Further this is a matter of accounting and the dispute is purely of civil nature, to which the learned A.P.P. opposes.
In the facts and circumstances as stated above, considering that the dispute appears for accounting and as the petitioner is claiming himself as an employee of M/S Asvin Healthcare, Baroda and he has left the job and as such the
Patna High Court Cr.Misc. No.31533 of 2014 (3) dt.15-04-2015 3/3 petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. Sri Deepanshu Srivastava, J.M. 1st Class, Muzaffarpur in Complaint Case No. 450 of 2003, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T