Patna High CourtCR. MISC./57845/2023bail granted

Pramod Prasad Chaudhary @ Pramod Jaiswal v. The State Of Bihar

2023-10-11Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57845 of 2023 Arising Out of PS. Case No.-446 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== PRAMOD PRASAD CHAUDHARY @ PRAMOD JAISWAL Son of Mathura Jaiswal @ Mathura Prasad Chaudhari VILL VEDIVAN MADHUBAN PS PIPRA DIST EAST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar 2.

Nathu Sah Son of Late Laldhar Sah R/o vill - Vedivan Madhuban, P.S. - Pipra, Distt. - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar, Advocate.

For the Opposite Party/s :

Mr.Upendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-10-2023 Heard Mr. Karandeep Kumar, learned counsel appearing on behalf of the petitioner and Mr. Upendra Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 446 of 2018 registered for the offence punishable under Sections 406, 420, 323, 379 and 504 of the Indian Penal Code.

3. Prosecution story, in brief, is that the complainant was constructing home at village from the earning of his son. The petitioner came to complainant's house and insisted him to purchase construction materials form his shop and assured him to supply genuine products. On such assurance, the complainant

Patna High Court CR. MISC. No.57845 of 2023(2) dt.11-10-2023 2/3 ordered to supply 96 bags of ACC cement, but instead of supplying the same, the petitioner supplied 96 bags of Sri Jangrodhak cement with assurance that the quality of the cement is good. The compliant used the said cement, but after five days, entire roof of the house got damaged. After that the petitioner assured that the entire cost of reconstruction will be refunded but in vain. On this the complainant sent a legal notice to the petitioner on which he assaulted the complainant and snatched Rs.10,000/- from the pocket of the son of the complainant.

4. Learned counsel appearing on behalf of the petitioner submits that for the similar allegation, the complainant had filed claim case no. 86 of 2018 before the District Consumer Forum and the District Consumer Forum found the case not maintainable. On this ground, the petitioner seeks to be released on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the fact that the complainant had approached the District Consumer Forum for redressal of his grievance and the damage which has been caused to the complainant by the petitioner has been found to be not sustainable, the petitioner,

Patna High Court CR. MISC. No.57845 of 2023(2) dt.11-10-2023 3/3 above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the 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 learned Judicial Magistrate 1st Class, East Champaran, Motihari in connection with Complaint Case No. 446 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T