Indra Sen Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43492 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -KHAGAUL District- PATNA ====================================================== Indra Sen Singh Son of Late Shivdhat Singh R/o 1282 Pragati Bihar, New Colony, Dharmpur, Gorakhpur, P.S. - Gorakhpur (U.P.) at present Loco Colony, Railway Quarter, Quarter No. 426 (B) Loco Colony, Khagaul, P.S. - Khagaul, Dist. - Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Khagaul P.S. Case No. 23 of 2015 registered under Sections 406 of the I.P.C. and 138 of the N.I. Act.

The prosecution case is that the complainant Abdul Kalam Ansari and this petitioner were employee in the Railway Department.

After retirement of complainant, petitioner approached on 07.12.2011 along with his brother-in-law Arun Kumar Mishra and his wife and asked to give cash Rs. 3-4 lacs to his brother-in-law Arun Kumar Mishra.

Thereafter, the complainant gave Rs. 4 lacs to Arun Kumar Mishra in presence of petitioner and wife of Arun Kumar Mishra, while on demand, cheque of Rs. 3 lacs was given by Arun Kumar Mishra but same

Patna High Court Cr.Misc. No.43492 of 2015 (2) dt.14-10-2015 2/2 was dishonoured due to lack of money.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. it is also submitted that it would appear from the complaint petition itself that Arun Kumar Mishra, who is said to be the brother-inlaw of the petitioner, had given the cheque to the complainant, so petitioner is not responsible for the dishonouring the cheque. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Danapur, Patna in connection with Khagaul P.S. Case No. 23 of 2015, subject to the conditions laid down under Section 438(2) Cr. P.C.

(Rajendra Kumar Mishra, J.) Shail/- U T