Suraj Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63136 of 2017 Arising Out of PS.Case No. -405 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Suraj Kumar, son of Prem Lal Paswan, resident of Sakra Bazar, Near Railway Gumti, P.S.- Sakra, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Md. Irshad, son of late Md. Indu Master, District- Patna, Proprietor of Creative Fashion of Gur Ki Mandi, Above Bank of India, P.S. Alamganj, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate For the Opposite Party No.1: Mr. Rajendra Nath Jha, APP For the Opposite Party No.2: Mr. Md. Azimuddin, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioner apprehends his arrest in Complaint Case No.405 of 2017 instituted for the offence under Section(s) 420 Indian Penal Code and Section 138 of the Negotiable Instruments Act.
It is alleged in the Complaint Petition that cheque of Rs.1,48,567/- was given by the petitioner to the Complainant, which got bounced.
Petitioner has submitted in para 9 of the bail petition that he is ready to make payment of the aforesaid amount to the
Patna High Court Cr.Misc. No.63136 of 2017 (3) dt.11-04-2018 2/3 Complainant in easy installments.
Counsel for the Complainant-Opposite Party No.2 has submitted that he has no objection if easy installment is fixed to the petitioner for making payment of the aforesaid amount. In such circumstances, this application is disposed off with direction to the petitioner to surrender the Court below i.e. Additional Chief Judicial Magistrate, Patna City, in connection with Complaint Case No.405 of 2017 within a period of four weeks from the date of receipt of a copy of this order along with receipt showing payment of Rs.25,000/- (twenty five thousand) to the Complainant through Demand Draft and, in that event, the Court below will release the petitioner on provisional anticipatory bail for a period of four months on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount each to its own satisfaction subject to the conditions as laid down under Section 438(2) Cr. P. C.
Patna High Court Cr.Misc. No.63136 of 2017 (3) dt.11-04-2018 3/3 with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
Thereafter, the petitioner will make payment of the remaining amount in four equal installments by 15th of every month through Demand Draft in the name of the Complainant. After making payment of entire amount i.e. Rs.1,48,567/-, provisional bail of the petitioner will be confirmed. In the event, petitioner makes default in making payment of single installment, his provisional bail will be liable to be cancelled.
(Sanjay Priya, J) JA/- U T