Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57973 of 2024 Arising Out of PS. Case No.-553 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Ajay Kumar SON OF BASROPAN SINGH R/O VILLAGE- UCHITPUR, PS- SASARAM, DIST- ROHTAS (SASARAM ) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RITU KUMAR SHREEWASTVA SON OF VIRENDRA KUMAR SHRIVASTAVA R/O VILLAGE- GARUNA, PS- AGARER, DISTROHTAS (SASARAM), P/A- GOPALGANJ, PS - SASARAM NAGAR, DIST- ROHTAS (SASARAM) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saroj Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-12-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the complainant/opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the complainant alleges that petitioner was known to her and asked for a loan of Rs.1 lakh for starting a business with an assurance that money would be returned, accordingly, the complainant gave the amount but the petitioner did not return the amount despite legal

Patna High Court CR. MISC. No.57973 of 2024(3) dt.16-12-2024 2/3 notice being served on him.

4. Learned counsel for the petitioner submits that a purely civil dispute has been given a criminal colour. It is further submitted that the instant criminal case has been instituted only with a view to coerce the petitioner into submission so that he is compelled to fulfill the fanciful demand of the complainant. It is next submitted that criminal Courts are not to be used for the purposes of recovering money dues. It is also submitted that complainant has remedy of approaching a Court of competent civil jurisdiction for recovering the amount in accordance with law.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the complainant opposed the prayer for anticipatory bail of the petitioner but then are not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioner that criminal Courts are not meant to be used for recovering money dues.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.57973 of 2024(3) dt.16-12-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rohtas Complaint Case No. 553 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T