Vinay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1144 of 2024 Arising Out of PS. Case No.-131 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Vinay Kumar Singh son of Kameshwar Singh Village- Bijhoura PO- Kukudha PS- Itarhi Distt.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Kuamr Ojha For the Opposite Party/s :
Mrs.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2024 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 406, 420, 506, 34 of the Indian Penal Code.
3. It is alleged that this petitioner, in spite of taking consideration money from the informant, neither executed saledeed in favour of the informant nor returned his money.
4. It is submitted on behalf of petitioner that the dispute is purely of a civil nature. In this regard, the informant has already filed a money suit in the court of learned Civil Judge (Senior Division) 1st Buxar, vide Suit No. 2/2022. It is further submitted that mere breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. Merely on the allegation of failure to keep up promise will not
Patna High Court CR. MISC. No.1144 of 2024(2) dt.07-02-2024 2/2 be enough to initiate criminal proceedings. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned C.J.M., Buxar in connection with Buxar (Muffasil) P.S. Case No. 131 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T