Santosh Kumar Mishra v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41166 of 2014 Arising Out of PS.Case No. -83 Year- 2012 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Santosh Kumar Mishra Son of Late Mohan Mishra resident of village - Bijdhari, P.S. Kesaria, Distt. - Motihari, East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Fani Bhushan Prasad son of Late Virat Prasad resident of village - Bijdhari, P.S. Kesaria, Distt. - Motihari, East Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey For the State : Mr. Anita Kumari(App) For the O.P. No. 2 : Mr. Gagandeo Yadav Sanjay Kumar Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06/ 03-08-2015 Heard learned counsels for the petitioner, State and the informant.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420, 506, 504/34 of the Indian Penal Code and 138 N.I. Act. The prosecution case is that the complainant supplied one lakh bricks to the petitioner and was given forty five thousand rupees cash as part consideration amount and for the rest payment of Rs. 2,75,000/- two cheques of Rs.1,50,000/- and Rs.1,25,000/- were issued which got bounced.

Patna High Court Cr.Misc. No.41166 of 2014 (6) dt.03-08-2015 2/2 It is submitted by learned counsel for the petitioner that the cheque leave of the petitioner were stolen from the school where the wife of the petitioner is a teacher for which a case was also lodged. It is further submitted that the petitioner is ready to deposit Rs.2,75,000/- before the learned court below which will be invested in some fixed deposit scheme in the account of the concerned Civil Court in connection with the present which will be subject to the result of the case.

On deposit of the aforesaid amount, let the above named petitioner be released on anticipatory bail in the event of his 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 Chief Judicial Magistrate, Motihari in connection with Keshariya P.S. Case No. 83 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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