Sushil Kumar Jain And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38069 of 2014 Arising Out of PS. Case No. -74 Year- 2001 Thana -CHATOUNI District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Sushil Kumar Jain, son of Late Hari Prasad Jain, Anjana Movies Private Limited, 3rd Floor, 179/1A, Lenin Sarani, Kolkata - 30.

2. Sanjay Suchaniti, son of Bir Chand Suchanti, Anjana Movies Private Limited, Luv Kush Tower, Exhibition Road, Patna. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shrawan Kumar, Sr. Advocate : Mr. Dinesh Maharaj, Advocate For the Opposite Party/s : Mr. Renu Kumari (APP) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-03-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case under Sections 420, 426, 120 B of the Indian Penal Code and Section 138 of the Negotiable Instrument Act in Chhatauni P.S. case no. 74 of 2001, wrongly described as Chhatauni P.S. case no. 74 of 2011 in the order of the learned Sessions Judge, East Champaran, Motihari.

The complainant/informant and the petitioners were the members of the Bihar Motion Pictures Association. It appears that the Association did not last long and the two persons parted from the Association.

Patna High Court Cr.Misc. No.38069 of 2014 (2) dt.13-03-2015 2 / 2 The complainant has filed the instant case for bouncing a cheque of Rs. 2,00,000/- (two lakh). Learned counsel for the petitioners submits that up till now cognizance has not been taken and charge-sheet has also not been submitted. He further submits that earlier the petitioners moved this Court for quashing of the F.I.R./complaint, on those grounds, unsuccessful.

Having regard to the nature of the case, if the petitioners deposit a sum of Rs. 25,000/- (Twenty five thousand) in the court below, which would be subject to the final outcome of the case, then in the event of arrest or surrender before the court below within four weeks from today the above named petitioners be released on anticipatory bail on furnishing bail bond of Rs.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Chhatauni P.S. Case no. 74 of 2001 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Samarendra Pratap Singh, J.) Uday/- U T