Meenaxi Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44814 of 2023 Arising Out of PS. Case No.-696 Year-2020 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Meenaxi Kumari Wife Of Abhay Kumar Singh Resident Of VillageDhadhiya Ramkrishnapur, Ps- Muffasil , Distt- Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vinay Thakur Son Of Late Ramdev Thakur Resident Of Village- Bhusari, Ps- Muffasil, Distt- Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivek Kumar, Advocate For the State :
Mr. Madhura Nand Jha, A.P.P.
For the O.P. No.2 : Mr. Dilip Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2023 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.
3. Prosecution case, in brief, is that petitioner issued a cheque in favour of the complainant which got dishonoured on 09.03.2020 with remarks 'M.I.C.R not written'.
4. It is submitted on behalf of the petitioner that he is ready to pay the amount of Rs. 2,00,000/- (two lacs) before the court below.
5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her
Patna High Court CR. MISC. No.44814 of 2023(3) dt.04-09-2023 2/2 arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Samastipur in connection with C.R. No. 696 of 2020, T.R. No. 2872 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall pay Rs. 50,000/- (fifty thousand) through Bank Draft to the court below at the time of furnishing bail-bond and, thereafter, rest amount i.e., 1,50,000/- (one lac fifty thousand) shall be deposited in three installments within one year through Bank Draft to the court below, failing which, the learned court below would be at liberty to cancel the bailbond.
6. It is made clear that without going into the merit of the case, this order has been passed for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case.
(Prabhat Kumar Singh, J) Navya/- U T