Bulet Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7144 of 2021 Arising Out of PS. Case No.-2336 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Bulet Prasad Son Of Late Baldeo Prasad R/O Village- Amwa, P.O. And P.S.- Paharpur, Dist.- East Champaran, At Present Vill.- Areraj, Ward No. 03, Near South Of Om Shanti Girls School, P.O. And P.S.- Govindganj (ARERAJ), Dist.- East Champaran ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Gobardhan Patel Son Of Late Hawaldar Patel R/O Village- Bhanja Bankati, P.O. And P.S.- Paharpur, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar For the Opposite Party/s :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.
Patna High Court CR. MISC. No.7144 of 2021(2) dt.06-12-2021 2/3 The prosecution case as per F.I.R is that the complainant gave Rs. 6,00,000/- through cheque on 23.09.2013 to the petitioner for purchase of Bolero vehicle but neither vehicle has been delivered nor money has been returned. A punchayati thereafter was held in which the petitioner returned Rs. 3,17,000/- and agreed to return rest of the amounts in installments but the same has not been returned till date.
It is submitted by learned counsel for the petitioner that the petitioner has already deposited rest amount of Rs. 2,83,000/- to the informant by cash on his residence. Moreover, for the cause of action arose in the year, 2013, the present complaint has been filed in the year 2019. It is further submitted that for a civil nature of dispute, the petitioner cannot be prosecuted in a criminal proceeding. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
Considering the aforestated facts, let the
Patna High Court CR. MISC. No.7144 of 2021(2) dt.06-12-2021 3/3 petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Complaint Case No. 2336 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T