Santosh Kumar Choudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1808 of 2015 Arising Out of PS.Case No. -1319 Year- 2013 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Santosh Kumar Choudhary Son of Late Chhangu Choudhary, resident of Mohalla - factory Road Barari, P.S. Barari, District - Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ravindra Prasad Modi, Son of Late Ayodhya Prasad Modi, Resident of Mohalla - Sikandarpur Near Water Tank, P.S. - Mozahidpur, District - Bhagalpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Narayan Singh, Advocate. For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2015 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 1319 of 2013, registered for the offences punishable under Section 420 of the Indian Penal Code.
Allegation against the petitioner is that he took Rs. 2 Lacs from the complainant on assurance to sell the house. An agreement to sale was also executed and the house was sold to the complainant. Thereafter, the petitioner again took Rs. 2 Lacs for treatment of his wife but the petitioner did not return and a cheque was also returned on the ground that the signature did not tally. Having considered the facts aforesaid and the fact
Patna High Court Cr.Misc. No.1808 of 2015 (2) dt.15-01-2015 that this is a simple case of lending money, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri A. Shamim, the learned Judicial Magistrate, Bhagalpur in connection with Complaint Case No. 1319 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T