Manoj Uraon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26621 of 2018 Arising Out of PS.Case No. -543 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Manoj Uraon S/o Shri Jai Narayan Uroan, R/o Vill.- Bharthapur, P.S.- Laukaria, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjay Kumar S/o Shri Jhagru Chaudhary, R/o Vill.- Mani Kaurakhas, P.S.- Padrauna, District- Kushinagar (Uttar Pradesh). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Trial No.3691 of 2017 arising out of Complaint Case No.543 of 2014 registered for offences punishable under Sections 420 and 504 of the Indian Penal Code.

Allegation against the petitioner is that he has taken Rs.42,000/- as loan in the marriage with condition that he will return the same by 15.12.2013 but he did not return the same thereafter again asked for some time that he will return in two installments but in spite of that he did not return the same. Submission of the learned counsel for the petitioner is that there is no chit of paper in support of the claim of the O.P.No.2 that he has taken money. Further submission of the learned counsel for the petitioner is that even though he has not taken

Patna High Court Cr.Misc. No.26621 of 2018 (3) dt.05-07-2018 2/2 money but he will return the same on condition that it will be subject to the case if some reasonable time is allowed. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail.. Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction the petitioner to surrender within a period of four weeks from the date of receipt of the order with a bank draft of Rs.14,000/- in favour of the O.P.No.2 and on that he will be released on provisional bail in connection with Trial No.3691 of 2017 arising out of Complaint Case No.543 of 2014 for the period of two months and in that two months, he will re-pay the rest of the amount in two equal installments payable in the first weeks of every month and once the total amount is deposited his bail bonds shall be confirmed. It is also made clear that in case of failure on the part of the petitioner in depositing any installment, his bail bond shall be cancelled.

With the aforesaid direction, this application is disposed of.

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