Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63647 of 2023 Arising Out of PS. Case No.-6015 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rajesh Kumar Son Of Sri Krishna Nandan Prasad Village Sir Chandpur, PsHarnaut, Dist- Nalanda ... ... Petitioner
Versus
1.
The State of Bihar 2.
Sudha Devi @ Sudha Kumari W/O Late Gopal Prasad Mohalla- Choudhary Tola, Ps- Sultanganj, Dist- Patna ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party :
Mr.Anil Prasad Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the parties.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code and section 138 of the N.I. Act.
3. Petitioner bought books of worth Rs.7 lacs from the shop of the complainant and paid him cash Rs.92,828/- and handed over a cheque of Rs. 6,07,112/- but the said cheque got dishonoured.
4. Learned counsel for the petitioner submits that the petitioner is ready to return the cheque amount to the complainant but in easy installments.
5. Considering the submission of learned counsel for the petitioner, in the event of arrest/ surrender within a period of six weeks from today, let the petitioner, named above, be released on provisional bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of , subject to conditions laid down u/s
Patna High Court CR. MISC. No.63647 of 2023(7) dt.01-05-2024 2/2 438(2) of the Cr. P. C., on the following terms and conditions:- (i) At the time of furnishing bail bond Rs. 1,00,000/- (one lac) shall be refunded to the complainant/ opposite party no.2 and a receipt to this effect shall be filed by the petitioner in the court below.
(ii) Rest amount of Rs. 5,07,112/- shall be refunded to opposite party no.2 in six equal monthly installments. (iii) If the petitioner complies with the aforesaid condition, provisional bail allowed to him shall be confirmed by the court below, otherwise court below shall pass order for cancelling the bail bonds.
(Prabhat Kumar Singh, J) Shashi U T