Ashok Kumar Raut @ Ashok Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31246 of 2016 Arising Out of PS.Case No. -392 Year- 2014 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Ashok Kumar Raut @ Ashok Kumar Rai, Son of Late Pulkit Raut M/S Modern Vaishanavi Auto Mobile 13 number Gumti (Tatama Toli ) Rauti Road 847211 Village-Kapariya, Post- Hazipur Dih Tole, P.S.- Kaluahi, District- Madhubani .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Gagan Deo Yadav, Advocate For the State : Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-08-2016 I have heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in a case registered for offences punishable under Sections 406 and 420 of the Indian Penal Code.
As per allegation cheque amounting to total Rs. seven lacs has bounced several times which was given by the petitioner to the informant for liquidating the debt. The debt etc. of which the cheque has bounced has been detailed in the First Information Report.
Learned counsel for the petitioner submits that he is ready to pay back the entire amount.
On such undertaking having been given by the
Patna High Court Cr.Misc. No.31246 of 2016 (2) dt.09-08-2016 2/2 petitioner, let the petitioner, namely, Ashok Kumar Raut @ Ashok Kumar Rai in the event of arrest/surrender before the court below within a period of six weeks from today be released on provisional anticipatory bail for six months in Madhubani Town P.S. Case No. 392 of 2014, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure with a further condition that at the time of furnishing bail bond the petitioner would deposit Rs. one lac before the court below and, thereafter, the petitioner will deposit rest amount, i.e., six lacs at monthly instalment of Rs.
one lac. Total amount should be deposited within a period of six months in court below. However, such payment would be subject to the final result of the concerned criminal case and without prejudice the stand of the petitioner which he may take during course of trial.
On such payments having been made, the court below would make the provisional anticipatory bail absolute. (Dr. Ravi Ranjan, J) Spd/- U T