IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41455 of 2008 ANUJ KUMAR @ ANUJ KUMAR PANDEY @ DWARIKA TRIGUNAYA, SON OF KAMDEO SOTI, RESIDENT OF MOHALLA HEADMANPUR, P.S. BUNIYADGANJ, DISTT. GAYA. -------- PETITIONER Versus STATE OF BIHAR ----OPPOSITE PARTY ----------- For the Petitioner : Mr. Rajeeva Nayan, Advocate. For the Complainant : Mr. Surender Kumar Singh, Senior Advocate. Mr. Pravin Prakash, Advocate. For the State : Mr. Nand Kumar, A.P.P. ------------ 9. 13/5/2009 Heard. Petitioner has been made accused in Complaint Case No. 688 of 2007 corresponding to Trial No. 1750 of 2007 in which cognizance has been taken by the court concerned. Learned counsel for the Complainant submits that the petitioner has assaulted, abused and given threat to the informant and also demanded Rs. 50,000/- as extortion. However, the petitioner escaped when few persons came up there, but, took away Rs. 2,000/- from the pocket of the informant. Learned counsel for the petitioner submits that the Complainant himself is a fraudulent person and is in jail custody in connection with Guraru P.S. Case No. 47 of 2003. Further contention is that the petitioner has been falsely implicated in this case for the reason that he was demanding back the money which he has given to the Complainant on assurance that he will provide him employment in Government department. Petitioner has also annexed an agreement made between one Sailesh 2 Kumar and the Complainant for lending Rs. 10 lacs and it was one of the conditions thereon that if the aforesaid amount is not returned in time, the market concerned should be handed over to the first party. Petitioner claims that he has signed the agreement as a witness and that agreement having been failed and the Complainant failed to return the amount, the party concerned was pressurizing for the same and therefore, the petitioner, who is a witness thereof, has been implicated in a false case. Further contention is that every time the Complainant files Complaint Case in place of lodging First Information Report. Complainant has also filed an affidavit stating therein that one more Complaint Case has been filed against the petitioner for threatening and coercing the Complainant. Having regard to the rival submissions and in the facts and circumstances of the case, in the event of arrest or surrender of the petitioner within four weeks from today, I direct the petitioner namely, Anuj Kumar @ Anuj Kumar Pandey @ Dwarika Trigunayat to be released on bail, on his furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Complaint Case No. 688 of 2007, corresponding to Trial No. 1750 of 2007. S. Ali (Dr. Ravi Ranjan, J.)