Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14617 of 2024 Arising Out of PS. Case No.-471 Year-2021 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

Rajesh Kumar S/o Shivnandan Prasad 2.

Pawan Kumar Pandey S/o Raja Ram Pandey Both petitioner no.1 and 2 are R/o Mohalla Manglagauri Chandchaura, Ps Vishnupad District Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Phool Kumari Devi W/o Ram Pravesh Sharma R/o vill - Karauta, P.O.- Shakurabad, P.S. - Paras Bigha, Distt. - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Bhanu Pratap Singh, APP Md. Javed Jafar Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioners, learned APP for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 420 of the IPC and Section 138 of the Negotiable Instrument Act in connection with Complaint Case No.471 of 2021.

Patna High Court CR. MISC. No.14617 of 2024(4) dt.27-06-2024 2/3

3. The learned counsel for the petitioners submit that O.P. No.2 has not approached the Court with clean hands for the reason that she had earlier instituted one Complaint being Complaint Case No.168 of 2021 in the court of learned Chief Judicial Magistrate, Jehanabad with respect to bouncing of Cheque No.939259 for an amount of Rs.2,25,000/-. It is submitted that, thereafter, the present complaint case has been instituted in the court of learned Chief Judicial Magistrate, Gaya, with respect to the bouncing of the same cheque for which Complaint Case No.168 of 2021 was instituted.

4. At this stage, the learned counsel appearing on behalf of the O.P. No.2 submits that he has instruction not to oppose the anticipatory bail application of the petitioners.

5. Considering the submissions made by the learned counsel appearing on behalf of the O.P. No.2, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Gaya in connection with Complaint Case No.471 of 2021, subject to the conditions laid

Patna High Court CR. MISC. No.14617 of 2024(4) dt.27-06-2024 3/3 down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T