Dheeraj Abhishek And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.63424 of 2017 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63424 of 2017 Arising Out of PS.Case No. -449 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Dheeraj Abhishek, S/o Sri Ranvir Singh,

2. Saurabh Kumar S/o Sri Sunil Kumar Sinha, Both R/o Vill.- Barah, P.S.- Harnaut, Distt.- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dharmendra Kumar Sah S/o Niranjan Prasad Singh, R/o Pushpanjali Complex , Boring Road, P.S.- Sri Krishnapuri, Dist.- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Binode Bariar For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2018 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No.449(c) of 2017 registered under Section 406 of the Indian Penal Code and 136 of the N.I.Act.

The complainant alleged that the petitioners stayed in the hotel of the complainant but did not pay the entire amount. Ravi Kumar, accused No.1 issued cheque in favour of the complainant but the cheque was dishonored.

The learned counsel for the petitioner submits that the petitioner did not issue any cheque. At the request of Ravi Kumar, the petitioner had stayed in the hotel.

Patna High Court Cr.Misc. No.63424 of 2017 (2) dt.11-01-2018 On the other hand, the learned counsel for the complainant vehemently opposed the prayer for anticipatory bail. Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that the petitioners did not issue any cheque in favour of the complainant, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Praveen Kumar Singh, Special Judge, C.B.I.-I-cum-A.C.J.M., Patna in connection with Complaint Case No.449(c) of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T