Anish Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22401 of 2016 Arising Out of PS.Case No. -819 Year- 2009 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Anish Kumar Singh, S/o Govind Prasad Resident of Village- Purandarpur, near Jakkanpur Police Station, P.S. Jakkanpur, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar

2. Anand Kumar Ujjain, S/o Dineshwar Prasad Singh, resident of VillageBagahi, P.S.- Bashantpur, District- Siwan. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sunil Kumar For the Opposite Party : Mr. Ajit Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 24-05-2016 The petitioner apprehends his arrest in relation to Complaint Case No. 819 of 2009 registered under Sections 406, 420 of the Indian Penal Code and Section 138 of the N.I. Act. The allegation in the complaint, which was lodged in the year 2009 is that, the petitioner disclosing himself to be an Engineer of Aircel mobile service provider had assured that a mobile BTS would be established on the complainant's land from which complainant would make money by monthly rental for which certain other expenses have to be made for which, the petitioner collected substantial money from the complainant. The project did not fructify as such, the informant issued two cheques

Patna High Court Cr.Misc. No.22401 of 2016 (2) dt.24-05-2016 2/2 worth of Rs. 99,000/- to the complainant, which bounced. Till date, that is even after seven years, the complainant has not been paid the said amount.

Learned counsel for the petitioner submits that the petitioner is ready to pay the said amount and does not dispute that he had issued the cheques, which were dishonoured. If the petitioner deposits Rs. 99,000/- with the trial court, within a period of one month from today, which amount would be paid over and withdrawn by the complainant immediately, thereafter the petitioner above named on his appearance in the court, thereafter would be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty Thousand Only) with two sureties of the like amount each to the satisfaction of S.D.J.M., Siwan, in connection with Complaint Case No. 819 of 2009, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajiv/Amit U T