Rajendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 1324 of 2017 Arising out of P.S. Case No. - 567 Year - 2016 Thana - JAHANABAD District - JEHANABAD ====================================================== Rajendra Singh, Son of Late Ram Ekbal Singh, Resident of Mohalla - Dewariya, Police Station - Jehanabad in the district of Jehanabad .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ranjeet Kumar, Advocate For the Opposite Party : Mr. Arbind Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 506 and 504 of the Indian Penal Code.

Allegation is that the informant had provided loan of rupees three lakhs to the petitioner. The petitioner drawn different cheques of re-payment which bounced.

Submission of the petitioner is that every non-refund of money does not come within the purview of cheating. Different reasons may be for dishonour of the cheques and, in the present case, no cognizance has been taken under Section 138 of the Negotiable Instrument Act.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.1324 of 2017 (3) dt.28-01-2017 2/2 let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad/successor Court in connection with Jehanabad Police Station Case No. 567 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Kundan (Birendra Kumar, J) U T