IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.37032 of 2010
NAWIN KUMAR S/O SRI HARI PRASAD. R/O VILLAGE-
VISHUNPUR, P.S. WAZIRGANJ, DISTT. GAYA AT
PRESENT POSTED IN THE OFFICE OF NEHRU YUWA
KENDRA, BHABHUA, P.S. BHABHUA, DISTT.KAIMUR.
--PETITIONER
Versus
THE STATE OF BIHAR --OPP.PARTY
2 02.11.2010
Heard learned counsel for the petitioner,
learned additional Public Prosecutor for the State and learned
counsel for the complainant.
Petitioner is one of the named accused in this
case carries allegation of being party in a negotiation with the
complainant and other accused persons for admission of son
of the complainant in Medical College and realized rupees
twelve lacs in that pretext but when nothing could be done
inspite of assurance, refused to return the money so taken.
By filing supplementary affidavit, it is submitted on behalf of
the petitioner that though he was not at all concerned with
such allegation but the complainant who was a student of
Medical College on some counts rusticated from there and
there was an earlier case at the instance of the petitioner
against the complainant which is reason behind filing of
2
instant case.
Learned counsel for the complainant
vehemently opposed the prayer on basis of some outcome of
investigation of the case filed at the instance of the petitioner
against the complainant.
Considering the facts and circumstances, the
petitioner, in the event of arrest or surrender within four
weeks from today, is directed to be enlarged on bail on his
furnishing bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of the
Chief Judicial Magistrate, Bhabhua, Kaimur, in Complaint
Case no. 458 of 2010, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure with
additional condition that the petitioner shall remain present
before the court below on each and every date till disposal of
the case. If the petitioner fails to remain present on two
consecutive dates without any reasonable explanation the
privilege granted shall be deemed to be cancelled.
(Akhilesh Chandra, J.)
AAhmad