Bipul Paul And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35881 of 2017 Arising Out of PS.Case No. -1819 Year- 2016 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Bipul Paul, son of Late Arvind Paul, resident of Mohalla- Khuskibagh Chauhan Tola, P.S.- Sadar, District- Purnea.

2. Jyotish Chandra Dutta, son of Yogesh Chandra Dutta, resident of Mohalla- Kaptan Para, P.S.- Sadar, District- Purnea.

3. Ripan Paul alias Rupan Paul, son of Radha Shyam Paul, resident of Mohalla- Khuskibagh Chauhan Tola, P.S.- Sadar, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shambhu Nath Jha, son of Late Chandra Bhushan Jha, resident of Mohalla- Sipahi Tola, P.S.- K. Hat (Madhubani) District- Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-08-2017 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Complaint Case No.1819 of 2016 for allegedly having committed the offences under Sections 406, 420, 467 and 468/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the present dispute is purely a partnership dispute and the same can well be resolved by amicable settlement by sitting across the table. He further submits that though a cheque was issued, the

Patna High Court Cr.Misc. No.35881 of 2017 (2) dt.17-08-2017 2/2 complainant himself made stop payment of the same and, therefore, no money has exchange hands so as to attract any further liability between the parties. He further submits that the complainant is in the habit of lodging such cases against other such partners.

Considering the vague nature of allegations made against the petitioners in the complaint petition itself and that the present petitioners have no criminal antecedents, let all the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea, in connection with Complaint Case No.1819 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T