Pramod Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29284 of 2020 Arising Out of PS. Case No.-1694 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== PRAMOD PANDEY Son of Kailash Pandey Resident of Village- Sonu Sadan New Chandmari,P.S.- Town Motihari, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raman Kumar Mishra Son of Nagina Mishra Resident of Village- Dhekaha, Mishra Tola, P.O. Dhekaha Bazar, P.S.- Piprakothi, District- East Champaran.

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Complaint Case No. 1694 of 2019, registered for the offences punishable under Section 406 of the Indian Penal Code and section 138 of the Negotiable Instruments Act.

This is case of cheque bounce. As per the complaint, complainant deposited cheques issued by this petitioner, in the bank and same was bounced due to insufficient amount in the account.

It is submitted that earlier also the complainant had filed Complaint Case No. C-370 of 2019 against the petitioner

Patna High Court CR. MISC. No.29284 of 2020(3) dt.06-01-2021 2/2 and his father for the same fact and after inquiry the said complaint case was dismissed by Judicial Magistrate Ist Class, Motihari vide order dated 02.05.2019 (Annexure 2/1 to this petition) and only with a view to harass and humiliate, the instant complaint has been filed against this petitioner. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of eight 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 the learned Judicial Magistrate Ist Class, East Champaran in connection with Complaint Case No. 1694 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T