Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37876 of 2014 Arising Out of PS.Case No. -928 Year- 2012 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Deepak Kumar Son of Late Prem Chand Sah Resident of Mohalla - Mandai Keshwarkhan P.S. - Sasaram Town, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Narayan Singh-1 For the Opposite Party/s : Mr. Ashok Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 06.06.2014 in a case in which cognizance has been taken for the offence punishable under section 420 of the Indian Penal Code and 138 of Negotiable Instrument Act.

The contention on behalf of the petitioner is that prior to filing of present Complaint Case, petitioner and complainant were working together and in that course petitioner noticed that some cheques were missing and, thereafter, he informed the police. It is further contended by him that complainant taking advantage of missing cheque lodged this case, when the petitioner left the work

Patna High Court Cr.Misc. No.37876 of 2014 (4) dt.05-02-2015 2/3 of the complainant.

Learned counsel appearing for the complainant refuted the above stated submissions arguing that petitioner took Rs. 8 lacs and issued a cheque which became dishonored when it was present before the concerned bank.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly keeping in mind the period of detention of the petitioner in jail custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class Sasaram, Rohtas in connection with Complaint Case No. 928 ( C ) of 2012, trial no. 2145 of 2014, subject to the condition that petitioner shall attend the trial court on each and every date in person for the period of seven months or till conclusion of his trial which ever is earlier and if he fails to do so on two consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. It goes without saying that the learned trial court shall take all possible steps to conclude the trial of the petitioner within the above stated period of seven months.

(Hemant Kumar Srivastava, J) Namita/-

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