Amarkant Choudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39586 of 2016 Arising Out of PS.Case No. -748 Year- 2016 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Amarkant Choudhary, s/o Manikant Choudhary, r/v/m-Aliganj, P.s. - Banka, Distt - Banka .... .... Petitioner/s
Versus
1. The State of Bihar
2. Anish Kumar s/o Girish Kumar Choudhary, r/v/m-Vir Kunwar Singh Colony, near Brahma Asthan Ramjiwan Chouk, P.s. - Hajipur (Town) Distt - Vaishali .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh, Adv. For the Opposite Party/s : Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 748/2016, registered for the offences punishable under Sections 420, 406 and 120B of the Indian Penal Code and Section 138 of Negotiable Instruments Act.
The complainant happens to be the son of the sister of accused no. 1 Mukesh Kumar @ Mukesh Kumar Choudhary and accused no. 3 Rajesh Kumar Choudhary. The petitioner is the employee of the accused no.1 Mukesh Kumar @ Mukesh Kumar Choudhary. All the accused persons came at the house of the complainant and demanded Rs. 7,00,000/- and said that they will return money within two years. Thereafter, complainant deposited the said amount through cheque in the account of
Patna High Court Cr.Misc. No.39586 of 2016 (2) dt.20-09-2016 2/2 Manager Amarkant Choudhary of Mukesh Kumar Choudhary. When the complainant asked the accused person to return the money then Amarknat Choudhary issued cheques in favour of the complainant, but the same was not honoured.
Learned counsel for the petitioner submits that the entire allegation is false and concocted. The co-accused Mukesh Kumar Choudhary has already been granted anticipatory bail vide order dated 02.09.2016 passed in Cr. Misc. 34427/2016. It appears that the petitioner did not issue any cheque in favour of the complainant and petitioner is the employee of Mukesh Kumar Choudhary.
Considering the facts aforesaid, the petitioner abovenamed, 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, Vaishali at Hajipur in connection with Complaint Case No. 748/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T