Akash Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30707 of 2016 Arising out of PS.Case No. -35 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Akash Jaiswal S/o Baidyanath Chaudhari R/o -At-Chowk Bazar, PO & PSMehasi 845426, Dist: East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dr. Abhay Kumar S/o Tarachandra Prasad, R/o village-Tajpur Bara, P.O.-Kataha, P.S. Mehsi, District-East Champaran .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the State : Mr. Parmeshwar Mehta, APP For the O.P. No. 2 : Mr. Binaykant Mani Tripathi, Advocate Ms. Ajita ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Mehasi P.S. Case No. 35 of 2015 registered under sections 406, 415 and 420/34 of the Indian Penal Code and Sections 138 and 142 of the Negotiable Instrument Act.

The allegation is that the petitioner approached the complainant for financial help of Rs. five lacs with promise to return back in five months and as security gave cheque of Rs. five lakhs but when presented the cheque bounced. It is submitted that in the counter affidavit filed by the complainant, it is accepted that Rs. 2,18,000/- has been paid and cheques were given as security as both sides also do business together and there is dispute of accounting.

Patna High Court Cr.Misc. No.30707 of 2016 (6) dt.10-02-2017 The learned counsel of the petitioner further submits that the petitioner is ready to pay the remaining amount in four instalments as a security to the complainant subject to the outcome of the case and the dispute is primarily of civil nature. Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the court concerned, let the petitioner, namely, Akash Jaiswal be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 6th, Motihari in connection with Mehasi P.S. Case No. 35 of 2015 (Trial No. 1791 of 2016), subject to the conditions as laid down under section 438(2) of the Cr.P.C. with condition that the petitioner will pay the first instalment of remaining amount by depositing a bank draft and remaining amounts in three successive months of equal amount of bank draft in favour of the complainant.

(Arun Kumar, J) S.Sb/- U T