Nainshi Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10807 of 2024 Arising Out of PS. Case No.-387 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Nainshi Soni S/o Sri Kundan Soni Resident of Duplex Building, Vastu Vaibhaw Colony, Gola Road, P.O. and P.S.- Danapur, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Khusboo Kumari @ Khusboo Singh W/o Sri Vijay Kishor Singh R/o - NB Suraj Singh House No. 5, Ward No. 12, Opp. Gurukul Coaching Center, Near Vaishali Gas Agency, Ashok Chak, Shaguna More, P.O. - Shaguna, P.S. - Rupaspur, Danapur, Dist. - Patna - 801503 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chaitanya Krishna, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, A.P.P.

Mr. Ayush, Advocate Mr. Akash Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

3. It is a case of cheque bounce. It is alleged that three cheques of Rs. 28 lacs, in total, got bounced due to insufficiency of fund. Petitioner is author of the cheque.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. As a matter of fact, the three cheques in question were stolen from the house of the O.P. No. 2. However, without admitting the allegations, petitioner offers and undertakes to deposit Rs. 2,50,000/- (Rs. Two Lacs and Fifty Thousand) in favour of the O.P. No. 2 at the

Patna High Court CR. MISC. No.10807 of 2024(3) dt.02-05-2024 2/2 time of furnishing the bail bond. Petitioner claims clean antecedent.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of six weeks from today, 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 Judicial Magistrate, 1st Class, Danapur in connection with Complaint Case No. 387 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall refund Rs. 2,50,000/- (Rs. Two Lacs and Fifty Thousand) through Demand Draft in favour of the O.P. No. 2 at the time of furnishing bail-bond, failing which, the learned court below would be at liberty to cancel the bailbond.

6. It is made clear that without going into the merit of the case, this order has been passed only for the purpose of bail. (Prabhat Kumar Singh, J) Navya/- U T