Shiv Nandan Mahto v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12949 of 2018 Arising Out of PS.Case No. -98 Year- 2014 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================
1. Shiv Nandan Mahto, S/o Late Bindeshwari Mahto, Resident of VillageGopalpur, P.S.- Uda- Kishunganj, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shankar Bhagat, S/o Late Moti Bhagat, Resident of Village+ P.S.- Bihariganj, District- Madhepura.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Complaint Case No.98 of 2014 registered for offences punishable under Sections 323, 406, 504 and506 of the Indian Penal Code. Allegation against the petitioner is that he has taken Rs.1,53,000/- from the complainant and now he is not returning the same.
Submission of the learned counsel for the petitioner is that no agreement is available on the record to show that he has taken such money.
Heard learned A.P.P. and the learned counsel for the complainant, who has produced the affidavit of the petitioner
Patna High Court Cr.Misc. No.12949 of 2018 (3) dt.21-08-2018 2/2 made before the Notary Public stating that the petitioner undertakes that he will return Rs.1,53,000/- which he is not returning now and that shows intention of the petitioner. . Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, if the petitioner surrenders within six weeks from the date of order and pray for regular bail and ready to pay the amount even in some installments, the learned court below while considering the prayer for regular bail will consider this aspect of the matter and pass appropriate order, if possible on the same day. With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T