Chandra Shekhar Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17379 of 2024 Arising Out of PS. Case No.-617 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== CHANDRA SHEKHAR AZAD S/O- LATE SHIVPUJAN SAO R/OVILLAGE- GOVINDPUR, P.S.- BIKRAM, DIST.- PATNA AT PRESENTMOHALLA- LAKHA NAGAR, BEHIND OF D.A.V. PUBLIC SCHOOL, CANTT ROAD, KHAGAUL, P.O.- KHAGAUL, P.S.- KHAGAUL, DIST,- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 617(c) of 2021, registered for the offences punishable under Sections 406 of the Indian Penal Code.

3. As per allegation, the complainant's husband had taken a loan of Rs. 7 lakhs from the petitioner and in lieu thereof, the complainant's husband gave two blank cheques and 10 tola of gold to the petitioner as security. It is further alleged that while the loan amount was paid to the petitioner, the informant demanded two blank cheques and 10 tola of gold which was given as security but the petitioner did not return the same. After seven years of the occurrence, a legal notice was sent by the petitioner to the complainant. The accused fraudulently used the two blank cheques

Patna High Court CR. MISC. No.17379 of 2024(2) dt.14-03-2024 2/2 affixing false signature of the complainant's husband only with a view to cause damage or financial loss to the complaint's husband.

4. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He is a person of clean antecedent. As a matter of fact, the petitioner has advanced Rs. 7 lakhs to the husband of the complainant for opening grocery shop. He issued two cheques to the petitioner, which were dishonored by the Bank and for that the petitioner has lodged complaint case against husband of the complainant in the year 2020 and in retaliation at the instigation of her husband, the complainant has filed the present complaint petition.

5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory 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-Ist Class, Danapur, Patna in connection with Complaint Case No. 617(c) of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Nirmal/- U T