Jitendra Kumar Jha @ Jitesh Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38940 of 2018 Arising Out of PS.Case No. -623 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Jitendra Kumar Jha @ Jitesh Kumar Jha S/o Surendra Jha Resident of Village - Rajla, P.S. - Kudhani, District - Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Dilip Kumar Jha @ Dilip Jha S/o Late Bilochan Jha Resident of Mohalla - Kazi Mohamadpur (Bhikhanpura), P.S. Sadar, District - Muzaffarpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Complaint Case No. 623 of 2014 registered for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of N.I. Act.

Allegation against the petitioner is that he has taken a loan of Rs.9.5 lakhs from the complainant for purchasing of a house and thereafter he has not returned the same and a cheque issued was bounced.

Submission of learned counsel for the petitioner is that he has already paid Rs.4.54 lakhs to the complainant and rest of the amount he is ready to pay and further he has drawn my attention towards Annexure-2.

Heard learned APP and learned counsel for opposite party No.2, who has opposed the prayer for anticipatory bail on

Patna High Court Cr.Misc. No.38940 of 2018 (5) dt.06-08-2018 2/2 the ground that not a single penny has been paid to the complainant.

Having heard both sides and without going into the merit of the case, it is directed that if the petitioner surrenders within a period of six weeks along with a Bank Draft of Rs.3 lakhs payable to the opposite party No.2, he will be released on provisional bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Complaint Case No. 623 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and he will pay the rest of the amount in the next following month and on depositing the total amount his bail bond shall be confirmed and the amount would be released in favour of opposite party No.2, which will be subject to the result of the case. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U