Anil Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29795 of 2016 Arising Out of PS.Case No. -25465 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Anil Kumar s/o Shri Chandrama Prasad, Resident of House No.- 119, Road No. 1, Rajeev Nagar, P.O. Keshri Nagar, P.S Rajeev Nagar, DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Santosh Kumar @ Santosh Kumar Lal , s/o Sri Pramod Lal , resident of House of Ramdeo Choudhary, Road No. 23J, Rajiv Nagar, P.O. Keshri Nagar, P.S. Rajiv Nagar, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Adv. For the Opposite Party/s : Mrs. Smt. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-09-2016 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 25465(C)/2014, registered for the offences punishable under Section 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.
The complainant alleged that the petitioner runs a Kirana shop and he was regular customer of that shop. The complainant gave Rs. 2,00,000/- to the petitioner as loan. The petitioner issued a cheque in lieu of payment of loan, but the cheque was bounced. It is submitted that the petitioner took Rs. 1,00,000/- from the complainant and he gave a blank cheque to the
Patna High Court Cr.Misc. No.29795 of 2016 (2) dt.06-09-2016 2/2 complainant as security, but later on, the complainant himself filled the cheque and presented the same to the bank without informing the petitioner. Petitioner is ready to pay Rs. 1,00,000/- to the complainant.
Considering the facts aforesaid, nature of allegation made against the petitioner and the fact that the petitioner disputes that he took Rs. 2,00,000/- from the complainant, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Complaint Case No. 25465(C)/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T