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Patna High CourtCR. MISC./33226/2015disposed

Manjeet Vishal v. State Of Bihar And ANR

2015-12-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33226 of 2015 Arising Out of PS.Case No. -350 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Manjeet Vishal S/o Sri Raman Kumar Upadhaya, Proprietor of Sai Achievers Trust, House No. 23, Road No. 1, New Patliputra Colony, P.S. Patliputra, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rupesh Kumar Son of Suresh Narain R/o 1/6, Vivekanand Marg, North S.K. Puri, Opposite A.N. College, Boring Road, P.S. Sri Krishnapuri, District - Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjiv Sharan For the Opposite Party/s : Mr. Shyam Bihari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken under Sections 406 and 420 of the Indian Penal Code and section 138 of N.I. Act.

The prosecution case is that the complainant paid twenty five lacs rupees for getting students admitted in different medical colleges at the behest of the petitioner but the admission could not be performed when two cheques were issued by the petitioner and his mother for rupees fifteen lacs and five lacs respectively and the third cheque was of rupees twenty five lacs

Patna High Court Cr.Misc. No.33226 of 2015 (4) dt.14-12-2015 2/2 was issued by Pallavi Rai which got bounced. Subsequently the complainant paid rupees twenty five lacs in cash to the petitioner again.

The matter was referred to the Mediation Centre on the joint prayer of the parties. The report of the Mediator reflects that the issue has not been resolved through the process of mediation. Considering the nature of accusation, it appears that the bonafide is lacking from both sides.

In the circumstances, let learned Court below consider the prayer for regular bail of the petitioner, if he surrenders within a period of six weeks in connection with Complaint Case No. 350C of 2013 pending in the court of learned J.M. Ist Class, Patna.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T