Dinanath Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17444 of 2015 Arising Out of PS.Case No. -2563 Year- 2009 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================
1. Dinanath Singh Son of Late Mahendra Singh, Resident of Village - Rikhar, P.S. Lalganj, District - Vishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Laliteshwar Prasad Singh @ Laliteshwar Bhai Son of Sri Satya Narayan Singh, Resident of Village - Godhiyanchan, P.S. - Bhagwanpur, District - Vaishali.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 406/34 of the Indian Penal Code.
It is alleged that the complainant hired the truck of the petitioner for transporting the mango from Hajipur to Tatanagar but the mango could not reach. The petitioner asserted that the truck met with an accident, hence, mangoes were destroyed but the petitioner failed to compensate the complainant despite several assurances.
Patna High Court Cr.Misc. No.17444 of 2015 (2) dt.14-05-2015 2/2 It is submitted by learned counsel for the petitioner that for the occurrence of 2.7.2009 the complaint was filed on 6.8.2009. There is nothing on record that mangoes were entrusted to the petitioner or the truck of the petitioner was hired by the complainant.
Considering the nature of accusation, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Vaishali at Hajipur in connection with Complaint Case No. 2563 of 2009 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T