Md. Masroor Alam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29472 of 2016 Arising Out of PS.Case No. -78 Year- 2009 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Md. Masroor Alam Son of S.M. Salim Resident of Village- Balbhadrapur, P.O.- Gaonpur, P.S.- Ujiyarpur, District Samastipur Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Bihar State Minority Financial Corporation, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prerna Anand For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-09-2016 Heard the counsel for the petitioner and the State. In 2009 the Director of Bihar State Minority Financial Corporation lodged the case alleging that the petitioner was advanced loan in the sum of Rs. 1,19,000/-. Few post-dated cheques were issued by the petitioner the payment whereof on presentation was refused as the same did not contain correct bank account number.
The counsel for the petitioner has submitted that the account number and the cheque is the same in which the loan amount was credited. The petitioner is ready to pay all the dues of the Corporation.
Learned APP opposed the prayer and submitted that for
Patna High Court Cr.Misc. No.29472 of 2016 (3) dt.07-09-2016 2/2 more than 07 years the petitioner did not submit to the jurisdiction of the court. As such, he may be treated as an absconder in the eye of law.
Considering the above, I am not persuaded to extend the privilege of anticipatory bail to the petitioner. However if he surrenders and demonstrates payment of outstanding dues of the Corporation, the learned trial court shall consider his prayer for regular bail and pass appropriate order in accordance with law unprejudiced by the present order.
(Kishore Kumar Mandal, J) HR/- U T