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Patna High CourtCR. MISC./53844/2018allowed

Rajendra Prasad v. State Of Bihar And ANR

2018-12-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53844 of 2018 Arising Out of PS. Case No.-345 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Rajendra Prasad, Son of Ramsakal Prasad, Resident of Village- Gorari, Police Station- Karakat, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Manoj Singh, Son of Ayodhya Singh, Resident of Village- Purna Nokha, Ward No. 6, Police Station- Nokha, District- Rohtas at Sasaram. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Complaint Case No. 345 of 2017 for the offence under Sections 420 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation levelled in the complaint case would indicate that the informant has filed the present complaint case as a pressure tactics for realization of alleged amount of Rs. 2,00,000/- (Two lakh) paid to the petitioner. He submits that for money claim, remedy is available under common law before the competent court.

Considering the fact that the petitioner has got no

Patna High Court Cr.Misc. No.53844 of 2018(3) dt.12-12-2018 2/2 criminal antecedent and the dispute involved with regard to advance of loan in connection with carrying business, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No. 345 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) uday/- U T