Niraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51390 of 2015 ====================================================== Niraj Kumar, son of Uma Shankar Sinha, resident of Mohalla- Shopuri, Beur Road, P.S.- Gardanibagh, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar

2. Phulwanti Devi, W/o Dharmendra Kumar, resident of Mohalla- Shopuri, Beur Road, P.S.- Gardanibagh, District- Patna. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Sinha, Advocate For the Opposite Party/s : Mr. Anil Kr.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-02-2016 Heard the petitioner, State and opposite party no.2. The petitioner apprehends his arrest in a case under sections 406, 420 of the Indian Penal Code and section 138 of the NI Act.

Complainant alleges that the petitioner issued a cheque for a sum of Rs.4 lacs which bounced.

The petitioner submits that the complainant is LIC agent and he has taken policies from her for which in good faith he had handed over a blank cheque to her for payment of premium.

Counsel for the complainant controverts the submission of the petitioner.

In the facts of the case, in case of surrender, let petitioner, named above, be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to

Patna High Court Cr.Misc. No.51390 of 2015 (3) dt.04-02-2016 2/2 the satisfaction of Sri Manoj Kumar V, JM, 1st class, Patna in Complaint case no. 3587C of 2013 on the following conditions:- The petitioner would deposit a sum of rupees one lakh in the court below within four weeks from today. Another rupees one lakh would be deposited by him in further six weeks. All the deposits would be invested in the Fixed Deposit (FD) in the bank by the court below and its proceeds would be subject to the result of the complaint case.

The court in seisin of the case would expedite the trial of the matter and dispose of the same within a year. The petitioner would not physically absent for two consecutive dates at a stretch, till charges are framed. Shashi.

(Samarendra Pratap Singh, J) U T