Madan Prasad Jaiswal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16164 of 2015 Arising Out of PS.Case No. -644 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Madan Prasad Jaiswal, Son of Kunj Bihari Jaiswal, Resident of Village - Tabahiyan, Raja Bazar, P.S. - Bihiyan, District - Bhojpur. .... .... Petitioner
Versus
1. The State of Bihar
2. Sheikh Naushad, Son of Sheikh Ishteque, Resident of Village - Sahityagaon, Thana - Daw, District - Rohtas.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Rashid Izhar, Advocate.
For the Opposite Parties : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2015 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 644 of 2013, registered for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of the N.I. Act.
The complainant alleged that the petitioner entered into an agreement to sale his house on payment of consideration money of Rs. 20 lakhs, but the petitioner did not execute the sale deed nor returned his money. The petitioner handed over a cheque, but the same was dishonoured.
Learned counsel for the petitioner submits that the petitioner never executed any deed of agreement. The complainant was an employee of the petitioner. He committed theft of a cheque
Patna High Court Cr.Misc. No.16164 of 2015 (2) dt.29-04-2015 2/2 and concocted the case for dishonouring the cheques. Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Bikaramganj (Rohtas) in connection with Complaint Case No. 644 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T