Patna High CourtCR. MISC./8675/2016bail granted

Nand Kishore Shrivastav v. State Of Bihar And ANR

2016-02-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8675 of 2016 Arising Out of PS.Case No. -1928 Year- 2012 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Nand Kishore Shrivastav Son of Late Amar Prasad, Resident of villageChegauna, P.S. Shikarpur, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Krishna Mohan Mishra, Son of Late Mahesh Mishra, Resident of village- Pokhariya, Maldahiya, P.S.- Shikarpur, District- West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 420 of the Indian Penal Code and 138 of N.I. Act.

The prosecution case is that in 2005-06 the complainant gave two lakhs rupees to the petitioner. Subsequently the petitioner issued a cheque of rupees thirty six thousand which got bounced.

Patna High Court Cr.Misc. No.8675 of 2016 (2) dt.23-02-2016 2/2 It is submitted by learned counsel for the petitioner that the complainant being a LIC agent was given a cheque of rupees thirty six thousand for deposit as the premium amount of the four LIC policies but he did not deposit the same as a result petitioner's four LIC policies got lapsed leading to filing of Complaint Case No. 1837C of 2012 on 07.08.2012 and thereafter the present complaint has been filed. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the case lodged by the petitioner at earlier point of time, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 1928(C) of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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