Harendra Raut v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25281 of 2018 Arising Out of PS.Case No. -217 Year- 2017 Thana -WEST CHAMPARAN COMPLAINT District- WEST CHAMPARAN (BETTIAH) ===================================== Harendra Raut, Son of Sri Shankar Raut, Resident of Village-Bishunpurwa, P.S.-Shikarpur, District-West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Ramanand Prasad, Son of Sri Shankar Raut, Resident of Village-Bishunpurwa, P.S.-Shikarpur, District-West Champaran.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s: Mr. Panchanand Pandit, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 The petitioner seeks bail in anticipation of his arrest in connection with Trial No. 2347 of 2017, arising out of Complaint Case No. 217-C of 2017, in which cognizance has been taken under Sections 406, 323 and 504 of the Indian Penal Code.

The allegation in the complaint petition is that the petitioner had taken a loan of Rs. 1,74,000/- from the complainant/opposite party No. 2 and after returning Rs.

Patna High Court Cr.Misc. No.25281 of 2018 (2) dt.03-05-2018 2/2 31,000/-, the balance amount was not returned. On the complainant/opposite party No. 2 asking for the balance amount from the petitioner, he was assaulted, abused and threatened of dire consequences.

Learned counsel for the petitioner has submitted that there is a counter claim on behalf of the petitioner. In fact, the petitioner had given an accommodation loan to the complainant/opposite party No.2 and in order to appropriate the aforesaid amount, the present complaint case has been lodged. It has further been submitted that the transaction of money is stated to have been made in cash.

Considering the nature of accusation and the counter claim by the petitioner above named, he, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bettiah, West Champaran in connection with Trial No. 2347 of 2017 arising out of Complaint Case No. 217-C of 2017.

(Ashutosh Kumar, J) Praveen-II/- U T