Bikky Kumar @ Bikki And ANR v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.52196 of 2017 (2) dt.07-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52196 of 2017 Arising Out of PS.Case No. -1031 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Bikky Kumar @ Bikki, son of Subhash Sharma.
2. Rahul @ Rahul Kumar, son of Bhola Prasad Sah. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Smt. Geeta Sinha, wife of Atul Kishore.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Complaint Case No. 1031 of 2017, registered under Sections 406, 420, 120(B), 467, 468 and 471 of the Indian Penal Code and Section 138 of the N.I. Act.
The accusation is that complainant, Geeta Sinha, had gone to purchase of Lahanga at Nilima Creation, belonging to Mayug Mahajan and chose one Lahanga and gave Rs.5100/- as advance. Thereafter, she was informed by the shopkeepers on telephone for taking the said Lahanga, but she could not approach to take the same. Thereafter, she went to take the said Lahanga, but the same was not ready. On demand, she gave Rs.20,000/- to the shopkeepers. When she came after one week to take the
Patna High Court Cr.Misc. No.52196 of 2017 (2) dt.07-11-2017 Lahanga then found that the shop was closed. But in another shop the complainant found that the petitioners were found sitting then she asked to return her money, on which, petitioners gave her cheque of Rs.25,100/- but the said cheque was dishonoured. Learned counsel for the petitioners submits that, admittedly, petitioners are Accountant and Manager of Nilima Creation, which is belonging to Mayug Mahajan, and the cheque was issued by Mayug Mahajan, but the petitioners being the employees of the shop has falsely been implicated in this case.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna, in connection with Complaint Case No. 1031 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T