Savitri Devi v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11720 of 2019 Arising Out of PS. Case No.-2388 Year-2013 Thana- Bhagalpur Complaint Case DistrictBhagalpur ====================================================== SAVITRI DEVI Wife of Bishundeo Thakur Resident of Village - Khiddi, P.S.- Rajaun, District - Banka ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kanhaiya Prasad Gupta Son of Late Bhagwan Lal Resident of Village - Panchgachia, P.S. - Gopalpur, District - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-07-2019 Heard learned Counsel for the petitioner, learned Counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 2388 of 2013, in which cognizance has been taken for the offences punishable under Sections 420/406/34 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act, 1881.

The allegation against the petitioner is that the petitioner issued two cheques of Rs. 3,98,000/- in favour of the complainant- Opposite Party No. 2, which bounced. Learned Counsel for the petitioner submits that there was a business relationship between the petitioner and the complainant and in course of business, cheques were issued

Patna High Court CR. MISC. No.11720 of 2019(6) dt.23-07-2019 2/2 without any intention to cheat the complainant. He further submits that the petitioner is ready to give half of the cheques amount, i.e. Rs. 1,99,000/-.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner is ready to give half of the cheques amount to the complainant- Opposite Party No. 2 and the offer made by the petitioner has been accepted by the complainant- Opposite Party No. 2, this application is allowed.

Let the petitioner, Savitri Devi, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur, in connection with Complaint Case No. 2388 of 20136, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and subject to further condition that the petitioner will pay Rs. 1,99,000/- by way of bank draft in favour of the complainant- Opposite Party No. 2 while furnishing bail bonds before the Court below.

Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √