Madhuri Devi @ Madhuri Kuar v. The State Of Bihar
Patna High Court Cr.Misc. No.45671 of 2015 (2) dt.15-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45671 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== MADHURI DEVI @ MADHURI KUAR, W/O KRISHNA MOHAN LAL, RESIDENT OF VILLAGE - NEW SINGHAULI, P.S. DALMIYA NAGAR, DISTRICT - ROHTAS .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Manendra Kumar Sinha For the Opposite Party/s : Mr. Md . Ansural Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Dehri (Dalmianagar) P.S. Case No. 111 of 2015 registered under Section 406, 420, 120B of the Indian Penal Code and Section 138 of the N.I. Act.
The accusation is that Akhileshwar Kumar Srivastava, Mantu Srivastava, both son of petitioner, took loan of Rs.30,5000/- from informant, Bindeshwari Singh, in presence of their mother, petitioner, to perform the marriage of their sister. In spite of demand money was not returned to informant and threatening was given to him. Later on, Akhleshwar Kumar Srivastava, son of petitioner, handed over cheque with application
Patna High Court Cr.Misc. No.45671 of 2015 (2) dt.15-10-2015 Officer-in-Charge, Dalmianagar in which description was made regarding taking the loan of Rs. 10,5000/- with cheque of Rs.7,500/- which was handed over by the Officer-in-Charge of Dalmianagar to the informant but the cheque was dishonoured due to insufficient amount in the account.
Learned counsel for the petitioner submits that it would appear from the written report that the cheque was issued by Akhleshwar Kumar Srivastava, son of the petitioner, not by this petitioner, moreover, the dispute was settled in between the informant and the son of petitioner and after settlement informant had filed a compromise petition on 25.05.2015 in the court of S.D.J.M., Dehri, Rohtas.
Considering the aforesaid submissions, let the above named petitioner, who is the lady, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Dehri, Rohtas, in connection with Dehri (Dalmianagar) P.S. Case No. 111 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T