Sunil Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11021 of 2017 Arising Out of Complaint Case No. -2061 Year- 2013 Thana -GAYA COMPLAINT CASE DistrictGAYA ====================================================== Sunil Chaudhary, Son of Sri Ramrup Chaudhary, Resident of Village - Birbhanpur Kaith (B. Katihi), P.S. - Kachma Nasriganj, District - Rohtas (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ashok Chaudhary, Son of Late Mungeshwar Chaudhary, Resident of Village - Singhapur, P.S. - Tekari, District - Gaya (Bihar). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Nath Ojha, Advocate. For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Complaint Case No. 2061 of 2013 instituted for the offence under Sections 420 and 406 of the Indian Penal Code.

Earlier by order dated 18.3.2017, this case was adjourned to seek instructions as to whether the petitioner is ready to make payment of amount to the informant in installments.

It has been submitted on behalf of the petitioner that petitioner is not ready to give any proper reply to the aforesaid extent. Only defence has been made by the learned counsel for

Patna High Court Cr.Misc. No.11021 of 2017 (3) dt.06-04-2017 2/2 the petitioner that death of the father of the petitioner occurred on 22.3.2011 and, therefore, he prays for grant of provisional bail to the petitioner for some days so that he may perform Sharadh ceremony.

There is specific allegation against the petitioner of issuing two cheques for Rs.50,000/- and Rs.1,40,000/- in favour of informant which bounced due to insufficient funds. Keeping in view the conduct of petitioner, this Court is not inclined to grant bail to petitioner.

The prayer for bail of the petitioner stands rejected at this stage.

The trial court is directed to expedite the trial. Petitioner may make prayer for bail in the lower court, in the event he is ready to make payment of amount to the informant which shall be disposed of by the court below in accordance with law without being prejudiced by this order of the Court.

(Sanjay Priya, J) S.Ali/- U T