Ram Pravesh Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5201 of 2015 Arising Out of PS.Case No. -2115 Year- 2013 Thana -SAMASTIPUR COMPLAINT CASE District- SAMASTIPUR ====================================================== Ram Pravesh Rai, Son of Nand Lal Rai, Resident of Village Hilalpur, P.S. Industrial Area, Hajipur, District Vaishali at Hajipur. .... .... Petitioner

Versus

1. The State of Bihar

2. Rajiv Kumar Singh, Son of Late Baleshwar Prasad Singh, Resident of Quarter No. 131, V. Road No. 16, Golf Field, Railway Colony, P.S. Hajipur (Town), District - Samastipur.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Navjot Yeshu, Advocate. For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-02-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 2115 of 2013, registered for the offences punishable under Sections 406, 417 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. The complainant alleged that the petitioner took money from him on the pretext of selling a piece of land. The complainant deposite Rs. 5, 70,000/- in the Axis Bank A/C No. 922010023257323. The petitioner returned Rs. 1,80,000/-, but for the remaining amount he issued a cheque. When the cheque was presented the cheque was dishonoured.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.5201 of 2015 (2) dt.06-02-2015 petitioner is ready to pay the remaining amount within six weeks. On considerations of the fact that the petitioner is ready to pay Rs. 3,90,000/- through bank draft in the name of the complainant within six weeks from the date of receipt/production of a copy of this order and the court below on verifying the facts that the petitioner produced the bank draft of Rs. 3,90,000/- in the name of the complainant then the court below in the event of arrest or surrender shall enlarge the petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Complaint Case No. 2115 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T