Dilip Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53586 of 2019 Arising Out of PS. Case No.-940 Year-2014 Thana- COMPLAINT CASE District- Supaul ====================================================== DILIP KUMAR MANDAL S/o Late Dukha Mandal Resident of VillageChhatapur, P.S.- Chhatapur, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munni Devi W/o Ranvir Yadav Resident of Dhawahi, P.S.- Ekrabad, District- Aligarh (Uttar Pradesh). At present residing at Village and P.S.- Chhatapur, District- Supaul.

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 940C/2014, disclosing offences under Sections 406, 420, 323, 504 of the Indian Penal Code. In this case earlier Dasti summon was directed to be issued to complainant - opposite party no. 2 and now affidavit has been filed that Dasti summon has been refused to accept by complainant - opposite party no. 2. In such view of the matter, this case is being heard on merit.

As per complaint petition allegation against the petitioner is that he has taken Rs. Five Lakhs from the complainant for construction of house but he neither constructed the house nor returned the money.

Submission of learned counsel for the petitioner is that

Patna High Court CR. MISC. No.53586 of 2019(6) dt.22-10-2019 2/2 only Rs. 1,50,000/- has been given by the complainant, which is evident from the Cheque and so far the claim with regard to Rs. 5,00,000/- is concerned, the same is false and concocted and he is ready return the above stated amount of Rs. 1,50,000/-. Heard learned A.P.P. also.

In this case notice was issued to complainant - opposite party no. 2 and as per affidavit, she refused to accept the notice. Having heard both sides, considering the facts and circumstances, this application is disposed of with direction to the petitioner to surrender in the court below by 26.11.2019 along with a Bank draft of Rs. 1,50,000/- payable in the name of complainant and the court below after verifying the same, shall release the petitioner on bail on furnishing bail bonds of Rs. 25,000/ - (Rs. Twenty Five Thousand) to his own satisfaction.

It is made clear that if opposite party no. 2 appears before the court below and filed an application for release of the above stated bank draft of Rs. 1,50,000/ - the same shall be released by the court below in favour of complainant - opposite party no. 2 with an undertaking that the same will be subject to final outcome of the case.

(Vinod Kumar Sinha, J) sunilkumar/- U T