Tarun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24417 of 2018 Arising Out of PS. Case No.-358 Year-2015 Thana- KHAGARIA District- Khagaria ====================================================== Tarun Kumar, Son of Late Guneshwar Mishra, Resident of VillageKumadpur Chowk, P.S.- Gopalpur (Rangra), District- Bhagalpur. ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Binod Kumar, Advocate For the Opposite Party :
Mr. Jagdhar Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner apprehends his arrest in connection with Khagaria P.S. Case No. 358 of 2015, registered for the offences punishable under Sections 379 & 420 of the Indian Penal Code and Section135 of the Electricity Act. Allegedly, the petitioner being tenant of the informant of monthly rent of Rs. 4,000/-, obtained electric connection in his name and started paying rent and electric bill but since the month of September, 2014 the petitioner stopped to pay rent to the informant and also did not pay the electric bill to the concerned office, resulting, electric bill worth of Rs. 14,000/- and rent of the house worth Rs. 16,000/-become due
Patna High Court Cr.Misc. No.24417 of 2018(2) dt.26-04-2018 2/3 upon the petitioner and in absence of the informant and his family members the petitioner left the house of the informant without payment of rent and also uprooting electric metre and took away the same.
Submission is of false implication and that no offence under Section 135 of the Electricity Act is made out and this case has been lodged by private person and not by the electricity department. Due to ill behaviour of the informant the petitioner vacated the house of the informant after full payment of rent adjusted in advance money. The dispute appears of civil nature. The electric connection was in the name of the petitioner and at the time of vacating the house he got disconnected electric line. The petitioner has got no criminal antecedent and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. submits that this case has been lodged by the landlord complainant.
In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in
Patna High Court Cr.Misc. No.24417 of 2018(2) dt.26-04-2018 3/3 connection with Khagaria P.S. Case No. 358 of 2015, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T