Smt. Prema Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19951 of 2015 Arising Out of PS.Case No. -56 Year- 2014 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Smt. Prema Singh wife of Sri Rabindra Singh

2. Rabindra singh son of Chandrika Singh, resident of village- MohallaHaribatika Chowk, P.S.- Bettiah Muffasil, District- West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. T.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-04-2015 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 406, 420, 467, 468, 471, 504 of the Indian Penal Code and 138 of the Negotiable Instruments Act. It is alleged that the petitioners took Rs. 1,000,00/- from informant for running drinking water plant. But neither the plant was installed nor the money was returned and after demand a cheque of Rs. 50,000/- was given to the informant which got bounced.

It is submitted by the learned counsel for the petitioners that petitioners are ready to return the amount to

Patna High Court Cr.Misc. No.19951 of 2015 (2) dt.30-04-2015 the informant with 6% interest and the interest will be calculated from the date of receipt of the amount and amount will be deposited before the learned court below, which will be released in favour of the informant, if he files an application for withdrawal or compromise of the present case, otherwise the said amount will be deposited in some fixed deposit scheme by the learned court below which will be subject to the result of the case.

Considering the aforesaid facts, let the above named petitioners be released on provisional anticipatory bail for six months in the event of their 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) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Paharpur (Malahi) P.S. Case No. 56 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The provisional bail of the petitioners will be confirmed by the learned court below on deposit of the aforementioned amount.

(Dinesh Kumar Singh, J) P.K./- U T