Bipin Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11494 of 2018 Arising Out of PS.Case No. -901 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Bipin Kumar, Son of Sri Awadhesh Prasad, Resident of MohallaShivpuri Anisabad, P.S.-Gardanibagh, District-Patna. .... .... Petitioner
Versus
1. The State of Bihar
2. Ratneshwar Sharma, Son of Late Sudarshan Sharma, Resident of VillageNathupur, P.O.-Doghara, P.S.-Bihta, District-Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Chandra Shekhar Azad For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No.901(C)/2015 registered under Section 420 of the Indian Penal Code.
The complainant alleged that the petitioner took Rs.10,85,000/- as a loan to the petitioner in pursuance of an agreement to return the same for treatment of wife of the petitioner.
Learned counsel for the petitioner submits that the petitioner never received any amount from the complainant. The complainant kidnapped the petitioner on 20.05.2015 and demanded extortion of Rs. 10 lakh. The petitioner again gave
Patna High Court Cr.Misc. No.11494 of 2018 (2) dt.27-02-2018 2/3 information to this effect to the police. No chit of paper is produced to show that the petitioner received any money from the complainant for the treatment of his wife.
On the other hand, learned counsel for the complainant vehemently opposed the prayer for anticipatory bail and submitted that the prayer for anticipatory bail of the petitioner was rejected by learned Additional Sessions Judge on 17.11.2016 but the petitioner filed this anticipatory bail petition in the High Court in the year 2018. The petitioner has got no apprehension to be arrested.
Having considered the facts that the complainant of course alleged that he gave Rs. 10, 85,000/- for treatment of the wife of petitioner but there is no chit of paper on the record to show that the petitioner received any money. It appears that on 25.05.2015, the complainant is alleged to have kidnapped the petitioner, for which information was also given to the police, the petitioner above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Anil Kumar Thakur, J.M. 1st Class, Danapur, in
Patna High Court Cr.Misc. No.11494 of 2018 (2) dt.27-02-2018 3/3 connection with Complaint Case No.901©/2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Amit/- U T