Patna High CourtCR. MISC./45172/2016bail granted

Prabhunath Sah v. State Of Bihar And ANR

2016-12-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45172 of 2016 Arising Out of PS.Case No. -3058 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Prabhunath Sah Son of Heera Sah resident of Shakti Alankar Garibsthan Road, P.S.- Town, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Parmanand Prasad Son of Late Chaturbhuj Sha, Prop. Maa Kamakhya Jewellers, By the Side of Shakti Alankar Garibsthan Road, P.S.- Town, District- Muzaffarpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 3058 of 2013 registered for the offences punishable under Sections 323, 406, 504 and 120B of the Indian Penal Code.

Complainant claims that he gave huge amount as well as ornaments to the petitioner and other accused in bonafide believe but when he demanded his cash and ornaments back, the petitioner and other accused refused to hand over cash and ornaments. The impugned order goes to show that in support of

Patna High Court Cr.Misc. No.45172 of 2016 (2) dt.22-12-2016 2/2 the aforesaid assertion, the complainant has not brought any document before the court below.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate,1st class, Muzaffarpur in Complaint Case no. 3058 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T