Rakesh Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51718 of 2016 Arising Out of PS.Case No. -159 Year- 2014 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rakesh Kumar Verma, Son of Kailash Prasad, resident of Village- Patarua Lala Tola, P.S. Muffasil (Motihari), District- East Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Karandeep Kumar, Advocate For the Opposite Party : Mr. Sri Satyendra Narayan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner prays for anticipatory bail in connection with Chhatouni P.S. case no. 159 of 2014 registered for the offences punishable under Sections 406, 420, 323, 504 of the Indian Penal Code and Section 138 of Negotiable Instruments Act.

The allegation against the petitioner is that he has taken friendly loan of Rs. 9 lacs from the informant. In lieu of return of the loan amount, petitioner has given a cheque of Rs. 9 lacs but on its presentation, the cheque got dishonoured with a reason "insufficient fund".

It is submitted on behalf of petitioner that as a

Patna High Court Cr.Misc. No.51718 of 2016 (2) dt.21-12-2016 2/2 matter of fact, there is no paper with respect to taking Rs. 9 lacs as friendly loan and he has already returned Rs. 8.5 lacs to the informant and only 50,000/- is left to be given, for which, the present case is filed. It is further submitted that petitioner will deposit Rs. 50,000/- to the informant of the case. Heard learned A.P.P. also.

Having heard both sides and in view of the above facts and circumstances of the case, let the abovenamed petitioner, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Chhatauni P.S. case no. 159 of 2014 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that he will make himself available for investigation and trial as and when required.

(Vinod Kumar Sinha, J.) rinkee/- U T