Jyoti Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2515 of 2019 Arising Out of PS. Case No.-176 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Jyoti Jaiswal wife of Hareshwar Prasad @ Lallu Jee, resident of village- Main Road, Butcher Toli, Motihari, P.S. - Motihari, Dist- East Champaran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Motihari Town P. S. Case No.176 of 2017 registered under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

It is submitted by the learned counsel for the petitioner that from perusal of the first information report, the ingredients of the offence punishable under Sections 406 and 420 of the Indian Penal Code are not attracted. As far as Section 138 of the Negotiable Instruments Act is concerned, the same is bailable in nature.

Learned Additional Public Prosecutor for the State

Patna High Court Cr.Misc. No.2515 of 2019(2) dt.21-01-2019 2/2 has opposed the application for grant of pre-arrest bail to the petitioner.

Considering the nature of allegation, in the event of arrest or surrender before the court below, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in Motihari Town P. S. Case No.176 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) kanchan/- U T