Binde Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86116 of 2019 Arising Out of PS. Case No.-280 Year-2018 Thana- HARNAUT District- Nalanda ====================================================== Binde Chauhan, S/o Bhatu Chauhan, Resident of Village- Chhotki Murhari, P.S.- Harnaut, Dist- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-02-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Harnaut P.S. Case No.280 of 2018, G.R. No.3642 of 2018, registered, for the offence punishable under Sections 420, 406, 323, 504/34 of the Indian Penal Code.

The allegation against the petitioner as per the first information report is that the complainant used to work in a bricklin run by the MBC Company, Shahjahanpur, Sonipat Haryana, in which petitioner is main contractor and the complainant and his family members were engaged to work in the bricklin at the behest of the petitioner. It has further been alleged that after completion of the work of making brick by the

Patna High Court CR. MISC. No.86116 of 2019(2) dt.26-02-2020 2/3 complainant and his other family members, the remuneration for the same was not paid by the petitioner and others. Mr. Raj Kishore Prasad, learned counsel appearing for the petitioner submits that from perusal of the complaint, it appears that the present complaint has been filed due to nonpayment of remuneration for the work done by the complainant and his family members and no offence under Section 406, 420 and another Section of IPC are made out against the petitioner and others. Learned counsel further submits that co-accused persons have been granted bail by this Court vide order dated 11.01.2019 passed in Cr. Misc. No.193 of 2019. After having heard learned counsel for the parties and taking into consideration the fact that the present FIR has been lodged for non-payment of remuneration to the complainant by the petitioner and others, I am inclined to grant anticipatory bail to the the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.86116 of 2019(2) dt.26-02-2020 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Harnaut P.S. Case No.280 of 2018, G.R. No.3642 of 2018, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T