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Patna High CourtCR. MISC./9979/2012disposed

Smt. Kushum Prava And ANR v. The State Of Bihar And ANR

2015-02-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9979 of 2012 ======================================================

1. Smt. Kushum Prava W/O Late Dhananjay Kumar Dutta R/O A-2/310, Nutan Tower Apartment, Kankarbagh, Colony More, P.S. Kankarbagh, Distt-Patna

2. Ishan Kumar Dutta S/O Late Dhananjay Kumar Dutta R/O A-2/310, Nutan Tower Apartment, Kankarbagh, Colony More, P.S. Kankarbagh, Distt-Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Harish Payal S/O Mahendra Payal R/O Sarita Vihar, Indraprasth Appolo Hospital, P.S.Sarita Vihar, Distt-New Delhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Mr. Shakir Ahmad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and 135 of Negotiable Instrument Act. It is alleged that petitioner no. 2 Ishan Kumar Dutta took Rs. 10,000,00/- for investment in the share. Subsequently, a cheque of Rs. 2,000,00/- was issued to the informant which got bounced.

Notices were issued to the complainant but failed to appear.

Considering the thrust of accusation against

Patna High Court Cr.Misc. No.9979 of 2012 (7) dt.10-02-2015 petitioner no. 2, Ishan Kumar Dutta, let the petitioner no. 2 will surrender and pray for regular bail within six weeks before the learned court below.

So far as petitioner no. 1 is concerned, since the accusation of either taking money or issuance of cheque is not against her, let the above named petitioner no. 1 Smt. Kushum Prava, be released on anticipatory bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kankarbagh P.S. Case No. 255 of 2011, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T