Suchintar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62304 of 2018 Arising Out of PS. Case No.-565 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur) ====================================================== Suchintar Ram, Son of Ramadhar Ram Resident of Village- Sondihara, Police Station-Bhabua, District-Kaimur (Bhabua).

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyam Bihari Singh For the Opposite Party/s :

Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

The prosecution case, as per the written report of Suresh Prasad Gupta, submitted to the Station House Officer of Bhabua Police Station on 03.08.2018 is to the effect that the petitioner took One lakh rupees as a loan on promise to returning the same within one month. It is further alleged that subsequently, the petitioner issued a cheque of rupees one lakh in favour of the informant which subsequently got dishonoured.

Patna High Court Cr.Misc. No.62304 of 2018(2) dt.12-12-2018 2/3 It is submitted by learned counsel for the petitioner that on 22.05.2018 the cheque in question got lost when the petitioner is going to the bank to encash the said cheque and for that the petitioner lodged information on 22.05.2018 and thereafter, the petitioner received a legal notice from the informant with regard to the dishonour of the said cheque, whereupon the petitioner lodged a written complaint on 23.07.2018 against the informant and subsequently, the present case was lodged by the informant. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the nature of accusation and the case being lodged by the petitioner at earlier point of time, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court Cr.Misc. No.62304 of 2018(2) dt.12-12-2018 3/3 Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 565 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T