Patna High CourtCR. MISC./4006/2015bail granted

Parasnath Singh v. The State Of Bihar

2015-01-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4006 of 2015 Arising Out of PS.Case No. -507 Year- 2008 Thana -SITAMARHI District- SITAMARHI ====================================================== Parasnath Singh, Son of Shri Sukhdeo Singh, Resident of Village - Suppi, P.S. - Majorganj, District - Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Murari Narain Choudhary, Advocate. Mr. Mohit Srivastava, Advocate.

For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2015 Heard both sides.

The petitioner apprehends his arrest in Sitamarhi P.S. Case No. 507 of 2008, arising out of Complaint Case No. 1469 of 2008, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code as well as under Section 138 of the N.I. Act.

Chandrika Singh the informant filed complaint petition alleging therein that the petitioner borrowed Rs. 5 lacs from him for establishing a business in Sitamarhi Industrial Area. On demand the petitioner gave a cheque of Rs. 5 lacs bearing no. 0586908, when the complainant presented the cheque in the bank the same was returned on account of paucity of fund in the account of the petitioner.

Patna High Court Cr.Misc. No.4006 of 2015 (2) dt.29-01-2015 Learned counsel for the petitioner submits that the petitioner did not borrow any money. The dispute appears to be of civil nature.

Considering the facts aforesaid, the petitioner, 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 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 507 of 2008, arising out of Complaint Case No. 1469 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T