Laxmeshwar Sahni @ Lachmesh Sahani @ Lakshmeshwar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51734 of 2019 Arising Out of PS. Case No.-2580 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== LAXMESHWAR SAHNI @ LACHMESH SAHANI @ LAKSHMESHWAR SAHANI S/O Late Fudena Sahani @ Madat Sahani Resident of VillageDhobauli, P.S.- Gaighat, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shobha Devi W/O Sushil Sahani Resident of Village- Dhobauli, P.S.- Gaighat, District- Muzaffarpur.

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

For the Petitioner/s :

Mr.Diwakar Prasad Karn For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Muzaffarpur Complaint Case No. 2580 of 2017, disclosing the offence under Section 406 of the Indian Penal Code. It is alleged in the complaint petition that the complainant's husband had given certain amount on loan to the petitioner for business under clear understanding that he will be repaying the amount but he has not repaid the amount fully and when demanded, the petitioner assaulted the complainant and her husband.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.51734 of 2019(2) dt.20-08-2019 2/2 has submitted that it is clearly a civil dispute between the petitioner and the complainant's husband which has been given a cloak of criminal case.

On perusal of complaint case, I find substance in the submission made on behalf of the petitioner. This application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, 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 learned Sub-Judge-16 cum ACJM-15, Muzaffarpur in Muzaffarpur Complaint Case No. 2580 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T