Radha Raman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39817 of 2019 Arising Out of PS. Case No.-504 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Radha Raman, Son of Satish Chandra Pathak, Resident of Village - Koila Belwa, P.S.- Chakiya, District- East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Rekha Rani Singh, W/o Sri Yogendra Singh, R/o Village and post Raghunathpur, O.P. (Motihari), District East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2019 This is an application for grant of anticipatory bail in connection with Turkauliya (Raghunathpur) P.S. Case No. 504 of 2018, disclosing offence under Section 420 of the Indian Penal Code and Section 138 of N.I. Act.

Prosecution case as per the written report is that petitioner has taken house of the informant on rent of Rs.70,000/- per month and he using the same, but he has not paid any rent. Further, allegation is that he has issued three cheques, but that were dishonoured.

Submission of learned counsel for the petitioner is that as a matter of fact, he has taken the house of the informant for starting Kaushal Vikas Yojana Kendra under Pradhan Mantri Scheme, but it could not succeed, as such, the house become

Patna High Court CR. MISC. No.39817 of 2019(7) dt.05-09-2019 2/3 unused and as such, the above cheque has bounced. Further submission is that he is ready to pay the same, if some reasonable time is given to him.

Learned counsel for the opposite party no.2 has no objection for that.

In such view of the matter, this application is disposed of with a direction to the petitioner to surrender by 13.09.2019 before the learned court below, on that day, he will be produce the bank draft of Rs.1,10,000/- in favour of the opposite party no.2, on that, he will be released on provisional bail for a period of six moths. During that period, he will pay the rest of the amount in six equal installments of Rs.1,10,000/- in the second week of each month by bank draft in favour of the opposite party no.2.

Once the total amount is deposited, the bail bonds of the petitioner shall be confirmed.

It is needless to say that the above amount will have no prejudice the case of the petitioner or case of the opposite party no.2 and will be subject to final outcome of the case. It is also made clear that once any application has been filed by the opposite party no.2 with an undertaking that he will abide by the final outcome of the case, the same shall be

Patna High Court CR. MISC. No.39817 of 2019(7) dt.05-09-2019 3/3 released in her favour.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T