Krishna Kant Dubey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44098 of 2017 Arising Out of PS.Case No. -727 Year- 2017 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Krishna Kant Dubey Son of Late Yamuna Dubey, Resident of VillageBankatwa, PS-Paharpur, District-East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pawan Kumar Debey Son of Nageshwar Dubey, Resident of VillageBankatwa, PS-Paharpur, District-East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-09-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the state as also the learned counsel for the complainant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Complaint Case No. C727 of 2017/ Trial No. 1059 of 2017 for the offences punishable under section 420 of the I.P.C and section 138 of the N.I. Act. Allegedly, the petitioner took Rs. 2,00,000/- from the complainant to give installment of truck with assurance that he

Patna High Court Cr.Misc. No.44098 of 2017 (2) dt.21-09-2017 2/3 will return the money within one year, but thereafter the petitioner did not return the amount and gave a cheque of Rs. 2,00,000/- which was bounced due to insufficient money in the account. Submission is that the petitioner is ready to return the amount in installment of Rs. 25,000/- per month as due to paucity of fund the amount was not returned earlier and as such now the petitioner deserves sympathetic consideration as no fruitful purpose is going to be served by sending the petitioner in jail. The learned counsel for the complainant fairly submits that if the petitioner is ready to deposit Rs. 25,000/- per month then he should be allowed provisional bail and after payment of Rs. 2,00,000/- the bail should be confirmed.

In the facts and circumstances stated above, the petitioner is directed to pay Rs. 2,00,000/- in monthly installments of Rs. 25,000/- per month and after deposit of Rs. 25,000/- in the account of the complainant, the petitioner shall be allowed provisional bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each in connection with the aforementioned case to the satisfaction of Sri T.K.Prasad, J.M. 1st Class, Sadar at Motihari (East Champaran) and after deposit of last installment, i.e. total Rs.2,00,000/- the provisional bail granted to the petitioner shall be confirmed by the learned

Patna High Court Cr.Misc. No.44098 of 2017 (2) dt.21-09-2017 3/3 court below itself and if the amount is not paid as per direction given above, the bail granted to the petitioner shall be deemed to be cancelled.

With the aforesaid observation this Criminal Miscellaneous is disposed of.

(Jitendra Mohan Sharma, J) Abhay/- U T