Harendra Singh @ Harendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12465 of 2018 Arising Out of PS.Case No. -388 Year- 2017 Thana -SHASTRINAGAR District- PATNA ====================================================== Harendra Singh @ Harendra Kumar Singh Son of Late Basudeo Singh, Resident of Flat No. 404, Braj Laxmi Manson, Sahdeo Mahto Marg, S.K. Puri, P.S. S.K. Puri, District-Patna.
.... .... Petitioner
Versus
1. The State of Bihar
2. Vivek Singh, son of Prof. Mithlesh Kumar Singh, resident of Mohalla Mohanpur-Devisthan, Punaichak, P.S. Shastrinagar, Dist. Patna .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2018 Petitioner apprehends his arrest in connection with Shastrinagar P.S.Case No. 388 of 2017 registered for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of N.I.Act.
Allegation against the petitioner is that he has taken Rs.32 lakhs twice for purchasing flat from the informant but he has not returned the money.
Submission of learned counsel for the petitioner is that the informant is Lawyer of the petitioner and a legal notice was sent by the informant on behalf of petitioner to Ayush Khedaria with regard to outstanding dues and for that dispute arose with respect to commission of informant as such he has filed the case. Further submission is that two cheques were kept in the file, and petitioner requested the informant to return the same but the same was deposited. Further submission is that earlier petitioner has
Patna High Court Cr.Misc. No.12465 of 2018 (5) dt.21-06-2018 2/2 lodged a complaint case against the informant. Further submission is that money transferred through RTGS relates to some other transaction.
Heard learned APP also. No body appears on behalf of opposite party No.2 despite notice having been issued to him. Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, above named, surrender within a period of six weeks from the receipt of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Kumar, Judicial Magistrate, 1st Class, Patna, in connection with Shastrinagar P.S.Case No. 388 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and petitioner has to co-operate in investigation and appear before police as and when required.
(Vinod Kumar Sinha, J) spal/- U