Shiv Kumar Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37509 of 2015 Arising Out of PS.Case No. -1458 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Shiv Kumar Singh & Ors .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Anil Kumar Singh 1(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-01-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Learned counsel for the complainant to whom the notices had earlier been issued is not present, however, a counter affidavit is on record.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1458 of 2013, registered for offences punishable under Sections 419, 420, and 406 of the Indian Penal Code.

Learned counsel for the petitioner submits that each of the brothers has received the compensation amount which was granted to them. The allegation that the petitioner has withdrawn the money received by way of compensation is not true as the amount in question was deposited in the account of the

Patna High Court Cr.Misc. No.37509 of 2015 (3) dt.07-01-2016 2/2 complainant and it was he who had given the cheque to the petitioner's firm, namely, Kumari Traders and it was only thereafter that the petitioner withdrew the aforementioned amount. Considering the aforementioned facts and circumstances and also there being no O.P. No.2/complainant, let 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 enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction Sri Anand Abhishek, Judicial Magistrate 1st Class, Vaishali at Hazipur in connection with Complaint Case No. 1458 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) sunil/- U T