Munna Prasad @ Madhu Sudan Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20928 of 2015 Arising Out of PS.Case No. -1866 Year- 2011 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Munna Prasad @ Madhu Sudan Prasad .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Prem Kumar Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 406 and 418 of the Indian Penal Code.

It is alleged that the petitioner took cloths worth `64,419/-from the wholesale dealership of the complainant on credit. Subsequently, the petitioner deposited `14,000/- in cash and thereafter, on service of legal notice, petitioner gave `10,000/- and also issued two cheques of `2,000/- each which got bounced. It is submitted by learned counsel for the petitioner that simply accusation has been levelled in the background of contractual relationship between the parties. The petitioner is ready to deposit `40,419/- within a period of two months before

Patna High Court Cr.Misc. No.20928 of 2015 (2) dt.23-06-2015 2/2 the learned court below which will be released in favour of the complainant if he agrees to settle the issue with the petitioner, otherwise the said amount will be invested in some fix deposit scheme in connection with the present case which will be subject to the result of the present case.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur in connection with Complaint Case No. 1866 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner will be provisionally accepted till deposit of the aforesaid amount. (Dinesh Kumar Singh, J) Amrendra/- U T