Harishchandra Prasad @ Harichandra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17353 of 2019 Arising Out of PS. Case No.-75 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Harishchandra Prasad @ Harichandra Prasad, Son of Balasundar Chauhan Resident of Village- Umrau Bigha, P.S.- Hisua, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Devanand Prasad, Son of Late Prabhu Mahto, Resident of VillageDakhingaon, P.S.-Wazirganj, Dist.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No. 75 of 2017, registered for the offence punishable under Section 406 of the Indian Penal Code.

It appears from the order sheet of the Sessions Judge that there was a dispute between the parties and a Panchayati was held in which it was decided that the petitioner is required to make payment of Rs. 30,000/- to the complainant and the petitioner has given a cheque of Rs. 30,000/-, later on, the said cheque was dishonoured.

Learned counsel for the petitioner submits that he

Patna High Court CR. MISC. No.17353 of 2019(2) dt.26-03-2019 2/2 is ready to pay Rs. 30,000/- to the complainant. Looking to the statement made at the Bar, let the petitioner, above-named, be released on provisional anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate- Ist Class, Gaya, in connection with Complaint Case No. 75 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that Rs.30,000/-will be deposited by the petitioner before the court below within a period of four weeks from today. If the petitioner deposits Rs. 30,000/-, the court below would make the provisional bail absolute. In the event of failure to deposit the same, the present order will be treated to be withdrawn.

However, the aforesaid deposit by the petitioner would be subject to the result of the criminal case concerned. (Shivaji Pandey, J) V.K.Pandey/ S. Katyayan/- U T