Ashwini Kumar @ Ashwini Kumar Singh @ Ashwani Kumari v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.34671 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34671 of 2017 Arising Out of PS.Case No. -987 Year- 2014 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Ashwini Kumar @ Ashwini Kumar Singh @ Ashwani Kumari S/o Banshilal Singh, Resident of Village- Kama Bigha, P.S.- Aurangabad (T), District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rajdeo Prasad Verma S/o Late Thakur Prasad Verma, Resident of Village- Mahmadpur, P.S.- Jehanabad, District- Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both the sides.

The petitioners apprehend their arrest in connection with Complaint Case No. 987 of 2014 registered under Sections 420 and 406 of the Indian Penal Code.

The complaint alleged that the petitioner took money through cheque and cash from him to give him H.M.T. Tractor but the petitioner did hand over the Tractor to the complainant. Learned counsel for the petitioner submits that for the same dispute, the complainant filed a case before the Consumer Forum but the same was dismissed. In fact, the petitioner did not receive Rs. 4,06,000/- from the complainant.

Patna High Court Cr.Misc. No.34671 of 2017 (2) dt.10-08-2017 Considering the facts aforesaid and the nature of allegation made, the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, is directed to 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 learned Judicial Magistrate- 1st Class, Jehanabad, in connection with Complaint Case No. 987 of 2014 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) brajesh/- U T