Patna High Court - Orders
Krishna Kumar @ Krishna Yadav vs The State Of Bihar on 6 April, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15789 of 2018
Arising Out of PS. Case No.-47 Year-2017 Thana- KINJAR District- Jehanabad
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Krishna Kumar @ Krishna Yadav S/o Late Ramanad Singh, R/o Village-
Gulariachak, P.S.- Kurtha, District- Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Soni Shrivastava
For the Opposite Party/s : Mr. Sri Ajay Kumar-1
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 06-04-2018Heard the learned counsels for the petitioner and the State.
The petitioner, who is a works contractor, seeks bail in anticipation of his arrest in connection with Kinjar P.S. Case No. 47 of 2017 dated 16.05.2017 instituted for the offences under Sections 327, 385, 406 and 506 of the Indian Penal Code.
The petitioner is alleged to have withheld the payment of the wages to the informant and has also not returned the shuttering materials which were used in the construction of the godown of the FCI.
Ms. Soni Srivastava, learned advocate for the petitioner has submitted that since the informant is a physically challenged person, the possibilities of settling the dispute with respect to wages is being Patna High Court Cr.Misc. No.15789 of 2018(2) dt.06-04-2018 2/2 explored/contemplated by the petitioner. Though, prima facie, it has been submitted that a wrong allegation has been levelled against the petitioner of withholding the wages as the informant is only a supplier of the labourers for the work to be undertaken by the petitioner and the shuttering material which is said to have been kept behind does not also belong to the informant.
Be that as it may, since the talks of settlement are going on between the parties, this Court is inclined to grant interim protection to the petitioner.
Call for the legible carbon/photo copy of the case diary of Kinjar P.S. Case No. 47 of 2017 from the court of the learned Sub-Divisional Judicial Magistrate, Arwal.
In the meantime, no coercive steps be taken against the petitioner. This Court hopes and trusts that in the meanwhile i.e. before the next date of hearing, the dispute shall be settled.
List this case after receipt of the same.
(Ashutosh Kumar, J) krishna/-
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