Ajay Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9050 of 2017 Arising Out of PS.Case No. -372 Year- 2013 Thana -PATNA COMPLAINT CASE District- PATNA ====================================================== Ajay Singh, Son of Sri Tej Narayan Singh, Resident of Village + P.S. - Juravanpur, District- Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Raj Kumari Devi, Wife of Sri Sunil Rai, Resident of Village- Birpur, P.S.- Juravanpur, District- Vaishali.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Harish Kumar, Advocate For the State : APP For the O.P. No. 2 : Mr. Shyamal Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 420 of the Indian Penal Code registered in connection with Complaint Case No. 372 of 2013.

3. It is submitted that the petitioner has been falsely implicated and in any event, the thrust of accusation of receiving the money is mainly on the co-accused Dharm Nath Singh. In reply to the court's question in the complainant's statement, it has clearly been stated that she had no evidence of having paid the amount nor was there any agreement between the parties. It is further submitted that the complaint petition merely discloses a dispute of civil nature. The petitioner claims clean antecedents.

4. Learned counsel for the opposite party no. 2 appears and opposes the anticipatory bail petition submitting that the amount was paid to the petitioner as well as co-accused Dharm Nath Singh and despite having received payment, they did not deliver Bolero vehicle.

Patna High Court Cr.Misc. No.9050 of 2017 (4) dt.10-05-2017 2/2

5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 15.03.2017 passed by this Court in connection with Complaint Case No. 372 of 2013 pending in the Court of Mr. Shushant Ranjan, learned Judicial Magistrate, Ist Class, Patna City stands hereby confirmed. (Vikash Jain, J) B.T/Chandran U T