Muktesh Kumar Chaudhary @ Muktesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22499 of 2020 Arising Out of PS. Case No.-570 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== MUKTESH KUMAR CHAUDHARY @ MUKTESH KUMAR S/o Umesh Chaudhary Resident of Village- Sorhattha, P.S.- Belsar, Distt- Vaishali. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Nirmala Devi W/o Sri Pawan Kumar Thakur Resident of Mishra Tola, Gannipur, P.S.- Kazimohammadpur, Distt- Mazaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 406, 420, 466, 467/34 of the Indian Penal Code and

Patna High Court CR. MISC. No.22499 of 2020(2) dt.01-09-2020 2/3 34 of N.I. Act.

Allegedly, a cheque for realization of outstanding amount in lieu of purchase of land was handed over to the informant by the accused, which became bounced with endorsement "insufficient fund".

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The matter relates to sell and purchase of land. The main allegation is against co-accused namely Raman Pratap who issued the cheque, in question for the said amount. The matter relates to civil dispute.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 570 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties

Patna High Court CR. MISC. No.22499 of 2020(2) dt.01-09-2020 3/3 of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T