Tunna Prasad v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.32636 of 2014 (7) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32636 of 2014 Arising Out of PS.Case No. -459 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Tunna Prasad Son of Shri Raghubir Singh Resident of Village AND P.S. - Pakdidayal, District - East Champaran.

.... .... Petitioner.

Versus

1. The State of Bihar.

2. Arun Kumar Son of Chalitar Rai Resident of Village - Janakpur, P.O. - Fatehpur, P.S. - Gaurichak, District - Patna. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Amarendra Nath Verma, Advocate. For the State : Mr. G.S.Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 459(C) of 2013, registered under Sections 406, 420 and 323 of the Indian Penal Code read with Section 138 of Negotiable Instruments Act.

Two cheques i.e. Rs. 5,00,000 and Rs. 7,00,000/- which were bounced and said cheques were issued in pursuance of agreement of sale of land.

Learned counsel for the petitioner submits that petitioner is ready to pay the total amount.

Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of the order in the court below shall be released on interim bail for four months on furnishing bail bonds of Rs. 10,000/-(Ten thousand)

Patna High Court Cr.Misc. No.32636 of 2014 (7) dt.23-04-2015 with two sureties of the like amount each to the satisfaction of Smt. Reshama Verma, Judicial Magistrate, 1st Class Patna, in connection with Complaint Case No. 459 (C) of 2013, subject to condition as laid down under Section 438 (2) of Cr.P.C. Further condition that petitioner will pay Rs. 5,00,000/- through cheque at the time of acceptance of bail bond. Further the petitioner will pay Rs. 7,00,000/- after three months through cheque in the name of the complainant and trial court after being satisfied that said amount having been paid as stated above in two installments at the interval of three months, one at the time of acceptance of bail bond and other after three months shall confirm the bail bond of the petitioner.

m.p.

(Gopal Prasad, J) U T