Ganesh Datt Sharma @ Ganesh Dutta Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33842 of 2016 Arising Out of PS.Case No. -1429 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Ganesh Datt Sharma @ Ganesh Dutta Sharma S/o Sri Banke Bihari Sharma Resident of Village- Datiyana, P.S.- Bikram, District- Patna at present resident of Mohalla- Chaudhary Tola, Near Temple, P.S.- Sultanganj, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Chandeshwar Sharma S/o Late Ram Naresh Singh Resident of MohallaMohanpur, Punaichak, Police Station- Shastrinagar, District- Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Complaint Case No.1429C of 2013 registered under Sections 420, 406 of the Indian Penal Code and Section 138 of Negotiable Instrument Act.

Allegation in brief is that the petitioner proposed a land to sell to the complainant on consideration amount of Rs.16,98,000/- and some money was paid to him and his wife but the sale deed was not executed and when money was demanded back, petitioner issued two cheques of Rs. Five and Six lacs respectively to the complainant but the same was dishonored.

Patna High Court Cr.Misc. No.33842 of 2016 (5) dt.12-04-2017 2/2 Learned counsel appearing on behalf of the petitioner submits that the petitioner has already deposited Rs.1,00,000/- to the complainant. Now remaining Rs.10,00,000/- intends to pay in three installments.

Having considered the said facts and circumstances, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner, namely, Ganesh Datt Sharma @ Ganesh Dutta Sharma be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Indrani Kisku, learned Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No.1429C of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further condition that he will pay by way of bank drafts of Rs.3,00,000/- in two successive months in the name of the complainant and last installment of Rs.4,00,000/- subsequently in the next month in the court below.

(Arun Kumar, J) N.H./- U T