Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53710 of 2016 Arising Out of PS.Case No. -650 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Pawan Kumar Singh Son of Shri Prabhu Singh @ Prabhu Narayan Singh, resident of Village- Ardi, P.S.- Sarai, District- Vaishali. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anand Kumar Mishra, Advocate. For the State : Mr. Binod Kr-2 (APP) For the Informant : Mr. Manish Chandra Gandhi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Informant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Vaishali (Hajipur) Town P.S. Case No. 650 of 2015 for the offences punishable under sections 406 and 420 of the I.P.C.

Allegedly, the petitioner being staff in the shop of the informant from 10.09.2014 to 11.07.2015 after making forgery in the sale register and the cash memo defalcated the amount of Rs. 1,95,000/- and earlier the petitioner confessed his guilt and assured to return the amount within fifteen days, but from 18.07.2015 he stopped to come at the shop. Earlier he evaded to meet with the informant and her husband and lastly he refused to return the

Patna High Court Cr.Misc. No.53710 of 2016 (2) dt.20-12-2016 2/2 amount and started abusing the husband of the informant. Submission is of false implication and that the petitioner was salesman, the informant was not paid the minimum wages, when the petitioner demanded his wages as per minimum wages then the informant lodged this false case, the petitioner was paid only Rs. 4,000/- per month which is less than the minimum wages and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that the petitioner after making manipulation in the cash memo and the sale register defalcated Rs. 1,95,000/-. In the facts and circumstances as stated above, considering the nature of dispute, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. A.C.J.M. Hajipur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T