Ranjeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55626 of 2019 Arising Out of PS. Case No.-224 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Ranjeet Paswan aged about 39 years (male), son of Kishori Paswan, resident of Village- Rashisha, Police Station- Aungari, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dezi Kumari aged about 25 years (female), wife of Dharambeer Kumar, resident of Village-Chainpur, Police Station-Chandi, district-Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 224C of 2018 registered under section 341, 323, 406, 420 and 504 of the I.P.C.

The allegation against the petitioner is that the opposite party no. 2, informant has given a friendly loan to the petitioner to the tune of Rs. 1,50,000/- with the understanding that the same would be refunded by the petitioner to the complainant in four months and when the complainant demanded her money back, the cheque of Rs. 1,50,000/- was given to the complainant by the petitioner but the same bounced due to insufficient fund. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case

Patna High Court CR. MISC. No.55626 of 2019(2) dt.05-09-2019 2/2 inasmuch as from perusal of the complaint it would be evident that there was a money transaction between the parties and at best an offence under Section 138 N.I. Act is made out against the petitioner which is bailable.

After having heard learned counsel for the parties and taking into consideration the fact that the complainant discloses the fact that the cheque given by the petitioner has bounced which attracts the provisions of Negotiable Instrument Act, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Complaint Case No.224C of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U