Sanjay Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33840 of 2017 Arising Out of PS.Case No. -453 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Sanjay Kumar Singh Son of Ramsajan Singh, R/o Village- Deopurwa Tola(Amirpur), P.S.- Nawa Nagar, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ramashankar Singh Son of Sri Suresh Singh, R/o Village- Noaaw, P.S.- Bikramganj, District- Rohtas.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2017 This application is for grant of pre-arrest bail in connection with Complaint Case No. 453 of 2014 registered for the offence under section(s) 406 of the Indian Penal Code. Allegation against the petitioner, as per the FIR, is that he has taken Rs. 1,10,000/- from the complainant and when the complainant demanded the said amount, he has been given a cheque which bounced and thereafter, the complainant informed the petitioner, but he has not returned the aforesaid amount, as such, the present case has been filed.

Submission of the learned counsel for the petitioner is that the petitioner has returned the aforesaid amount to complainant and no copy of cheque has been enclosed/produced

Patna High Court Cr.Misc. No.33840 of 2017 (2) dt.20-07-2017 2/2 along with complaint petition and even no notice has been given to him.

Heard learned Public Prosecutor also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the learned Court below and the learned Court below will examine this aspect of the matter that copy of cheque is available on record or as to whether statutory notice has been given to the petitioner? If the submission of the learned counsel for the petitioner is true, the Court below may release the petitioner on furnishing bail bond of Rs.25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to its own satisfaction in connection with Complaint Case No. 453 of 2014 or he may pass any other appropriate order or order(s) as he deems fit and proper.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Mahesh/- U T