Praveen Kumar Sinha @ Prabir Kumar Sinha@Paveer Kumar Sinha v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.50748 of 2015 (5) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50748 of 2015 Arising Out of PS.Case No. -1080 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. PRAVEEN KUMAR SINHA @ PRABIR KUMAR SINHA@PAVEER KUMAR SINHA Son of Late Pratap narayan Sinha, resident of Mohalla - Exhibition Road, Dumri Kothi, Block - D, Flat No. 1/B, Ekhibition Road, P.S. - Gandhi Maidan, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vishwanath Sharma, son of Late Onkar Datt Shastri, resident of Mohalla - Temple Tower, Flat No. 104, Birla Mandir Road, P.S. - Bankpur, P.S. - Pirbahore, District - Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Samdarshi For the Opposite Party/s : Mr. Dr.Ravindra Kumar(App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and the State as well as learned counsel appearing for the Opposite party no.2. The petitioner apprehends his arrest in a case under section 406 of the Indian Penal Code.

It is alleged by the complainant that he was having business deal with the petitioner and for running the business he gave friendly loan to the petitioner. It is further alleged that the petitioner issued a cheque of Rs. 5 lacs which was not encashed. The petitioner submits that he had not issued the said cheque. He placed reliance on Annexure-4 to submit that the

Patna High Court Cr.Misc. No.50748 of 2015 (5) dt.01-02-2016 complainant owes a sum of Rs.13,50,000/-. He further submits that the matter is one of accounting.

It appears that there was some business deal in which the money was transacted. The complainant has asserted that the petitioner gave a cheque which could not be encashed. Having regard to the facts and circumstances of the case, the petitioner Praveen Kumar Sinha @ Prabir Kumar Sinha @ Praveer Kumar Sinha is directed to be released on anticipatory bail, in the event of his arrest/surrender, on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Complaint Case No.1080(C) of 2013 subject to the condition that he will deposit a sum of Rs.1,50,000/- in the court below which would be subject to the result of the trial. The petitioner would not absent himself in the court below for two consecutive dates till one witness is examined in the trial. (Samarendra Pratap Singh, J) KHAN/- U