Amit Kumar Karn v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18310 of 2018 Arising Out of PS.Case No. -663 Year- 2016 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Amit Kumar Karn, S/o Dinesh Lal Karn @ Dinesh Karn, R/o Dumaria Bhatta, P.O. & P.S. & Distt- Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Meera Devi, W/o Rabindra Lal Karn, R/o Dharamganj, P.S.- Kishanganj, District- Kishanganj, at present Govt. Hospital Kishanganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bajarangi Lal, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Complaint Case No. 663C/2016, registered for offences punishable under Sections 323, 354, 406 and 504 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner had taken money Rs. 43,000/- from the informant in order to sale the land and rest amount of Rs. 47,000/- dues but the petitioner had neither executed sale deed nor returned the money and assaulted the informant and her daughter.

Submission of the learned counsel for the petitioner is that in this case six persons were named but summons were issued against the petitioner only and moreover, the case is of civil

Patna High Court Cr.Misc. No.18310 of 2018 (3) dt.19-06-2018 2/2 dispute.

Learned A.P.P. and learned counsel for the informant oppose the prayer for bail on the ground that neither the money has been returned nor sale deed has been executed. Having heard both sides and in view of the facts that the petitioner above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Complaint Case No.663C /2016, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure with conditions that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court and the petitioner shall cooperate in the trial of the case and make himself available as and when required by the Court, otherwise, the prosecution is free to move for cancellation of his bail bonds.

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