High Court granted preventive bail to petitioner in a cheating and criminal conspiracy case arising from a family dispute involving a vehicle, directing surrender within four weeks on furnishing a bond.
Petitioner enlarged on bail on furnishing bond of Rs.10,000/- with two sureties of like amount each within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49226 of 2014
Arising Out of PS.Case No. -11574 Year- 2014 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ====================================================== 1. Rajesh Kumar Agrawal Son of Late Shyam Lal Agrawal Resident of Village - Teghra, P.S Teghra, District- Begusarai, Presently residing at Mohalla- Gaushala Road, P.S. Town, District - Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Kanhaiya Kishore(App) For the complainant : Mr. Shubhesh Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 06-04-2015 Heard both sides. The petitioner apprehends his arrest in a case under sections 420, 386 and 448 of the Indian Penal Code. The complainant alleged that the petitioner happens to be his cousin father-in-law and he sold a Maruti Car to the complainant on payment of Rs. 1, 25, 000/-, but later, on the pretext of seeing his sister the complainant gave the vehicle to the petitioner, but the petitioner did not return the same. It is submitted that all the allegations are false and concocted. It is submitted that the petitioner had not taken the
Patna High Court Cr.Misc. No.49226 of 2014 (2) dt.06-04-2015
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vehicle of the complainant.
On the other hand, learned counsel for the complainant has submitted that the petitioner took the vehicle and he got apprehension that the vehicle may be misused.
Considering the fact that the petitioner and the complainant are close relation and some dispute might have arisen and for that this case has been lodged, it is directed that in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, the above named petitioner shall 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 Chief Judicial Magistrate, Begusarai, in connection with Complaint Case No. 11574C of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C.
B.Roy/-
(Prabhat Kumar Jha, J)
U T
1 issue framed by the court
Whether the petitioner is entitled to preventive bail given his apprehension of arrest in a domestic dispute case.
1 provisions across 1 enactments
Rajesh Kumar Agrawal
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
