Patna High CourtCR. MISC./41255/2017dismissed

Jag Narain Choudhary v. State Of Bihar And ANR

2018-01-03Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41255 of 2017 Arising Out of PS.Case No. -255 Year- 2015 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Jag Narain Choudhary, Son of Shama Dayal Choudhary, Resident of Village- Bhataur, P.S. Udwant Nagar, District Bhojpur, At Present MohallaShanti Nagar, Jehanabad, P.S. Jehanabad, District Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manoj Kumar Mishra, Son of Late Butan Mishra, Resident of VillageNew Professor Colony, P.S. Jehanabad, District- Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate. Mr. Bikram Dev Singh, Advocate.

For the Opposite Party : Mr. Binod Kumar, Advocate. For the State : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 255 of 2015 instituted for the offence under Section 406 of the Indian Penal Code and Section 138 of N.I. Act. It is alleged in the complaint petition that petitioner took an amount of Rs.7,00,000/- from the complainant for expanding the shop of his two sons, for which, he prepared agreement on non-judicial stamp of Rs.1000/-, with assurance that the money would be returned to the complainant within six months. It is further alleged that money was not returned. Thereafter, legal notice was sent and one of the son of the

Patna High Court Cr.Misc. No.41255 of 2017 (4) dt.03-01-2018 2/2 petitioner issued Cheque of Rs.7,00,000/- which bounced. Learned counsel for the petitioner has submitted that the matter was sent to the Mediation Centre on the request of the petitioner that there is chance of settlement of dispute between the parties, but the matter was not settled as would appear from the report of the Mediator.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T