Pintu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84787 of 2019 Arising Out of PS. Case No.-356 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Pintu Paswan Son of Raj Balabh Paswan Resident of Village - Khapura, P.S.-Pipara, District-Patna.

2.

Raj Balabh Paswan Son of Ram Chandra Paswan Resident of Village - Khapura, P.S.-Pipara, District - Patna.

3.

Chinta Devi Wife of Raj Balabh Paswan Resident of Village - Khapura, P.S.- Pipara, District - Patna.

4.

Babi Devi @ Bebi Devi Wife of Pintu Paswan Resident of Village - Khapura, P.S.-Pipara, District - Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ganga Yadav Son of Devendra Yadav Resident of Village - Brahampur, P.S.- Pipara, District - Patna.

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

For the Petitioner/s :

Mr. Sheo Nandan Pandit For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-01-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 379, 420, 120(B) and 406 of the Indian Penal Code. The statement of the complainant on oath would show that she advanced Rs.32,000/- to petitioner Pintu Paswan for purchase of a buffalo. The buffalo was not purchased nor the money was refunded.

Patna High Court CR. MISC. No.84787 of 2019(2) dt.07-01-2020 2/2 Considering the fact that mere non-refund of the money does not necessarily make out a case of dishonest and fraudulent intention, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender in the court below within a period of thirty days from the date of receipt of the order, on furnishing bail bond of Rs.20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Masaurhi in connection with Complaint Case No.356 (C) of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) B.Kr./- U