Aasmuni Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41375 of 2014 Arising Out of PS.Case No. -256 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Aasmuni Choudhary Son of Late Jagdish Choudhary Resident of Village - Rasendua, P.S. - Sheosagar, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sri Bhagwan Singh Son of Late Ram Sakal Singh Resident of Village - Gokhulpur, P.S. - Kargahar, District - Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 24-04-2015 Heard learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for the offences punishable under Sections 420, 406 of the Indian Penal Code and 138 of the N.I. Act.

It is alleged that Rs.10,000,00/- were taken as loan from the complainant with assurance to return the same from time to time, but it was not returned, for which a hand note was written. However, it is alleged that the cheque of Rs. 84,000/- was given, which got bounced as there was no amount in the account, for which the legal notice was issued. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the

Patna High Court Cr.Misc. No.41375 of 2014 (3) dt.24-04-2015 date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Complaint Case No. 256C of 2013 to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram subject to the condition laid down under Section 438(2) of the Criminal Procedure Code, subject to condition that the petitioner shall return the total amount of Rs. 84,000/- to the complainant by cheque/bank draft. That the petitioner will pay Rs. 40,000/- within a month of their release and further pay Rs. 22,000/- within two months from the date of his release and rest of Rs. 22,000/- within three months of his release.

The learned trial court after being satisfied that the entire amount has been realized by the complainant/informant shall confirm the bail bond of the petitioner. However, if the petitioner failed in any of the installment as mentioned above his bail bond shall stands cancelled.

(Gopal Prasad, J) P.K./- U T