Nand Kishore Singh @ Chhote Yadav @ Chhotu Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6459 of 2017 Arising Out of PS.Case No. -1377 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Nand Kishore Singh @ Chhote Yadav @ Chhotu Yadav Son of late Ramehswar Dayal Singh @ Bhola Singh Resident of Village- Rupahatha, Police Station- Nokha, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Umesh Seth Son of late Gulab Seth Resident of Mohalla- Jakki Sahid, Phulwariya, Post- Sasaram, Police Station- Sasaram(Town), DistrictRohtas, at Present resident of Village & Post- Baraon , Police StationNokha, District- Rohtas. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Choubey For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Complaint Case No. 1377 of 2014 registered under Section 420 of the Indian Penal Code and section 138 of the Negotiable Instruments Act.

Learned counsel for the petitioner submits that petitioner has not taken any ornaments from the shop of the complainant. There is no any receipt or document to show that petitioner had purchased any ornament from the shop of the complainant. The cheque could not be enchased due to non-

Patna High Court Cr.Misc. No.6459 of 2017 (4) dt.03-05-2017 2/2 tally of petitioner's signature and not for the reason of insufficient fund. Learned counsel further submits that petitioner is ready to pay the due amount i.e. Rs. 1, 15,000/- (rupees one lakh fifteen thousand) to the complainant in three equal installments within a period of three months. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Sasaram, Rohtas in connection with Complaint Case No. 1377 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

It is made clear that in case petitioner fails to abide by the undertaking given before this Court, the court below will be at liberty to take appropriate steps in the matter. (Arvind Srivastava, J) Manish/- U T