Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51370 of 2018 Arising Out of PS.Case No. -343 Year- 2016 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Rajesh Kumar S/o Shiv Shankar Mishra, R/o Vill.- Janipur, P.S.- Nanpur, District- Sitamarhi presently residing at Mohalla- Shanti Nagar, Talkhapur, P.S.- Dumra, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Sitamarhi P.S.Case nO.343 of 2016 registered for offences punishable under Sections 406/420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act. Allegation against the petitioner is that he has taken Rs.01 lac as loan from the informant but thereafter he has not returned the same and on demand, he gave a cheque but that cheque has dishonoured.

Submission of the learned counsel for the petitioner is that no amount was taken by the petitioner, however, after some argument, the learned counsel for the petitioner has submitted that he is ready to pay the amount but that will be subject to result of

Patna High Court Cr.Misc. No.51370 of 2018 (2) dt.18-09-2018 2/2 the case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the learned court below within a period of six weeks from the date of order along with a bank draft of Rs.01 lac payable in favour of the informant and once the same is deposited, he will be released on bail in connection with Sitamarhi P.S.Case no.343 of 2016 dated 1.16.2016 to the satisfaction of the court of learned CJM, Sitamarhi and the aforesaid deposit of the amount shall be subject to result of the case.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T