Rinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33672 of 2019 Arising Out of PS. Case No.-902 Year-2017 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== 1.

Rinki Devi W/o Sushil Kumar @ Sushil Prasad R/o village- Faizebad (Mahutol), P.S.- Barbigha, District- Sheikhpura 2.

Sushil Kumar @ Sushil Prasad S/o Late Gopi Tanti R/o village- Faizebad (Mahutol), P.S.- Barbigha, District- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aklil Ahmad S/o Maulana Md. Jafiruddin,R/o Mohalla- Beltal Khankah, P.S.- Laheri, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate, Mr. Shashank Shekhar, Advocate Mr. Ritwaj Raman, Advocate For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2019 Heard both sides.

Petitioners apprehend their arrest in Nalanda Complaint Case No.902 (C) of 2017 for the offences allegedly committed by the petitioners under Sections 406, 418, 420 of the Indian Penal Code and under Section 138 of the N.I. Act. The complainant alleged that petitioner no.2 took Rs.27,000/- from the complainant. Petitioner no.2 gave a cheque duly signed by petitioner no.1, who happens to be the wife of petitioner no2 but when the cheque was presented, the same was returned with endorsement "insufficient fund". Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.33672 of 2019(2) dt.22-05-2019 2/2 petitioners do not know the complainant. The complainant appears to be an employee of IFRAH Communication. Petitioner no.2 is on the business term with IFRAH Communication and he paid Rs.27,000/- to IFRAH Communication vide cheque No.997038. Petitioner no.2 handed over a cheque bearing cheque no.997037 to the owner of the IFRAH Communication but the owner of IFRAH Communication misused the said cheque which was kept with him as security.

Having considered the facts and the nature of allegation made against the petitioners, the above named petitioners, 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,1st Class, Nalanda at Biharsharif in connection with Nalanda Complaint Case No.902 (C) of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Harish/- (Prabhat Kumar Jha, J) U T