Shyam Prit v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6763 of 2016 Arising Out of PS.Case No. -945 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Shyam Prit .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar, Adv. For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

The prosecution case is that the complainant supplied bricks to the father-in-law of the petitioner for construction of his house. Initially, a cheque of `1,34,900/- was issued by the petitioner which was encashed but subsequently a cheque of `64,500/- was also issued but the same got bounced due insufficient fund.

It is submitted by learned counsel for the petitioner that the petitioner is ready to return the alleged amount of

Patna High Court Cr.Misc. No.6763 of 2016 (2) dt.15-02-2016 2/2 `64,500/- by submitting the draft of said amount in the name of the complainant before the learned court below within a period of six weeks. The said amount will be released in favour of the complainant by learned court below on filing affidavit that he is no longer intended to pursue the case when it is expected from the learned court below to dispose of the matter in accordance with law expeditiously.

On deposit of draft of alleged money of `64,500/-, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Barh in connection with Complaint Case No. 945C of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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