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Patna High CourtCR. MISC./15203/2015bail granted

Bimal Kumar Jhunjhunwala v. State Of Bihar And ANR

2015-05-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15203 of 2015 Arising Out of PS.Case No. -474 Year- 2014 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Bimal Kumar Jhunjhunwala S/o Late Shankar Jhunjhunwala Resident of Dwarikadis Mandir Lane, 4th Cross Dr. R.P. Road, P.S. Kotwali, District Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Dayanand Thakur S/o Late Ballav Kumar Shastri Resident of Mohalla Jitu Jha Lane, Chhoti Khanjarpur, P.S. Barari, District Bhagalpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pramod Mishra, Advocate.

For the Opposite Parties : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 474 of 2014, registered for the offences punishable under Section 418 of the Indian Penal Code and Section 138 of the N.I. Act.

The complainant entered into an agreement with the petitioner for financing the petitioner for construction of R.N. Tower. The complainant gave Rs. 10,00,000/- to the petitioner with an agreement to return the same in installments and for that the petitioner handed over post-dated cheques. It is submitted that the petitioner used to pay Rs. 30,000/- per month to the complainant and the petitioner is ready

Patna High Court Cr.Misc. No.15203 of 2015 (2) dt.22-05-2015 2/2 to pay the remaining amount of Rs. 5,80,000/-. It appears that the dispute is of civil nature and the petitioner is also ready to repay the entire amount. 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 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri R.R. Raman, the learned Judicial Magistrate, 1st Class, Bhagalpur in Complaint Case No. 474 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T