Indradev Sharma @ Indradv v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52081 of 2019 Arising Out of PS. Case No.-2013 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Indradev Sharma @ Indradv Son of Late Parmeshwar Sharma, Resident of Village- Kishanpur Yusuf, Police Station- Sarairanjan, Distt.- Samastipur. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Sri Bimal Kumar Sharma Son of Late Parmeshwar Sharma, Resident of Village- Kishanpur Yusuf, Police Station- Sarairanjan, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2019 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No.2013 of 2017 for the offences allegedly committed by the petitioner under Sections 406, 323, 504 and 34 of the Indian Penal Code and under section 138 of the N.I. Act. The gist of allegation is that the petitioner issued cheque of Rs.9,80,000/-in favour of the complainant but the cheque was bounced.
Learned counsel for the petitioner submits that the petitioner is own brother of the complainant. The petitioner is doing business along with his brother and during course of transaction of business, the petitioner issued cheque to the
Patna High Court CR. MISC. No.52081 of 2019(2) dt.21-08-2019 2/2 complainant but the complainant taking advantage of the fact lodged this case for dishonour of cheque.
Having considered the facts and the nature of allegation made against the petitioner and the fact that the petitioner is own brother of the complainant, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 A.C.J.M. VI, Samastipur in connection with Complaint Case No.2013 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/- U T