Rabindra Kumar Dokania v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59388 of 2018 Arising Out of PS. Case No.-68 Year-2017 Thana- COMPLAINT CASE District- Banka ====================================================== Rabindra Kumar Dokania, son of Shankar Lal Dokania @ Shankar Ram Dokania, Resident of village - Aliganj, Ward No. 3/13, P.S.- Banka, DistrictBanka. ... ... Petitioner
Versus
1. The State Of Bihar.
2. Amrendra Kumar Sah, son of Late Hari Prasad Sah, Resident of MohallaKarhariya, Ward No. 2/10, P.O + P.S.- Banka, District- Banka. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Ranjan Kumar Jha, Mr. Subhash Kumar Jha, Advocates For the State :
APP For Opposite Party No.2 :
Mr.Anjani Kr. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the opposite party no. 2
2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 406, 504 and 506 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act registered in connection with Complaint Case No. 68 of 2017.
3. It is submitted that the petitioner has been falsely implicated and in any event, he expresses his willingness to pay 10% of loan amount of Rs. 7,19,250/- within a month and the remaining amount within the next five months thereafter.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2nd, Banka in connection with Complaint Case No. 68 of 2017, subject to
Patna High Court Cr.Misc. No.59388 of 2018(3) dt.13-02-2019 2/2 the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That the provisional bail granted to the petitioner shall stand confirmed on the condition that the petitioner shall repay 10% of loan amount of Rs. 7,19,250/- i.e. Rs. 71,925/- within one month hereof and the remaining amount within a further period of five months.
(ii) That one of the bailors shall be a close relative of the petitioner.
(iii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. BT/Chandran (Vikash Jain, J) U T