Raj Kumar @ Raj Kumar Sai @ Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49619 of 2019 Arising Out of PS. Case No.-60 Year-2018 Thana- COMPLAINT CASE District- Kishanganj ====================================================== RAJ KUMAR @ RAJ KUMAR SAI @ RAJ KUMAR SAH Son of Late Jaglal Sah Resident of Haruwadanga, Dighal Bank, P.S.-Dighal Bank, District-Kishanganj.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Parmeshwar Pd. Sinha Son of Late Keshav Lal Sinha Resident of Rahmanganj, P.S.-Bahadurganj, District-Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilanjan Chatterjee For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 60 of 2018, registered under Sections 420, 406, 323, 504 and 506 of the Indian Penal Code. The accusation is that petitioner requested the complainant/O.P. No.2 to finance Surjapuri films and, accordingly, complainant/O.P. No.2 financed Rs. 7,50,000/- under an agreement to the effect that the money will be returned either after release of the film or within a period of 4-5 months, but the money was not returned to the complainant. When complainant/O.P. No.2 went at the house of petitioner

Patna High Court CR. MISC. No.49619 of 2019(2) dt.09-08-2019 2/2 and made demand of money then petitioner abused him and threatened for dire consequences.

Learned counsel for the petitioner submits that, in fact, petitioner invested money on the instruction of the complainant/O.P. No.2, but before releasing the film the complainant/O.P. No.2 made the film viral on the internet. Moreover, the dispute is civil in nature. Further submission is that petitioner has also filed Complaint Case No. 323 of 2018 in the Court of Chief Judicial Magistrate, Kishanganj against the complainant of the present case.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four 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 the Chief Judicial Magistrate, Kishanganj in connection with Complaint Case No. 60 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T