Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28216 of 2017 Arising Out of PS.Case No. -918 Year- 2013 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Chanda Devi, W/o Manoj Kumar Singh, Resident of Village- Sarna, P.S.- Dinara, District- Rohtas, at present Resident of Mohalla- Kuraich (West of Kali Mandir), P.S.- Sasaram (T), District- Rohtas. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Ram Pravesh Singh, son of Late Sheomukh Singh, resident of villageShri Krishna Nagar, Gaurakshni, P.S. Sasaram(T), District-Rohtas. .... .... Opposite Parties..

====================================================== Appearance :

For the Petitioner : Mr. For the State : Mr. For the Informant/Opposite Party No.2 : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 13-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant/opposite party no.2.

The petitioner apprehends her arrest in connection with Sasaram(T) P.S. Case No.918 of 2013 registered under Section 420 of the Indian Penal Code besides Section 138 of the N.I. Act. The accusation is that the petitioner took loan of Rs.2,55,000/- on two different dates from the informant with an assurance to return the same but the petitioner did not return the money. On much persuasion, the petitioner issued five different

Patna High Court Cr.Misc. No.28216 of 2017 (3) dt.13-09-2017 2/2 cheques of Rs.1,22,000/- but, on presentation before the Bank, all the cheques were dishonoured due to insufficiency of fund. Learned counsel for the petitioner submits that it would appear from the F.I.R. that after dishonouring of the cheques, before sending the legal notice to the petitioner to pay the amount of the dishonour of the cheques, as required under Section 138 of the N.I. Act, the informant/opposite party no.2 has lodged this case.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sasaram, District-Rohtas, in connection with Sasaram(T) P.S. Case No.918 of 2013, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T