Lekha Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18522 of 2016 Arising Out of PS.Case No. -265 Year- 2014 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lekha Prasad S/o Late Nav Ratan Prasad, R/o Village- Banjaria, P.S.- Pipra, District- East Champaran, Motihari. .... .... Petitioner/s
Versus
The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : M/s. Sharda Nand Mishra, Deepak Kumar Rajiv Ranjan, Harish Patel, Advs.
For the Informant : Mr. Abhishek Kumar For the State Mr. Nazir Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.
This case is arising from B.P. No. 572 of 2016, which was referred to the Police under section 156 (3) Cr.PC. and that was registered as Pipra P.S. Case No. 265 of 2014 for offences under sections 323, 406, 420, 504, 506 of the Indian Penal Code and 138 of the N.I. Act.
As per the statement, the petitioner has taken Rs. 5,00,000/- (five lacs) from the informant for purchase of the land, later on, he has returned the money by Cheque which was returned by the Bank due to insufficient fund in the Account which led to the present proceeding.
The counsel for the petitioner submits, the said
Patna High Court Cr.Misc. No.18522 of 2016 (8) dt.14-12-2016 2/2 Cheque was given under the pressure exerted by the informant. In reality, there is no outstanding against the petitioner and as such, the petitioner is not required to return any amount. The matter was referred to the Patna High Court Mediation Board to resolve the dispute but it failed.
Earlier, this Court vide order dated 9th May 2016, had granted anticipatory bail to the petitioner which is confirmed, subject to the condition that he would deposit half of the Cheque amount i.e. Rs. 1,25,000/- in the court below within two months from today and rest amount, i.e. Rs. 1,25,000/-, will be deposited one month thereafter. If he fails to deposit the aforesaid amount within the prescribed time, the privilege of bail granted to him, will be treated to have been withdrawn. The said amount will be deposited in the court below and it will be released in favour of the person, who will succeed in the proceeding of the trial Court. (Shivaji Pandey, J) Mahesh/- U T