Lagandeo Sao @ Lagan Dev And ANR v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.38992 of 2016 (5) dt.08-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38992 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -BAKHTIYARPUR District- PATNA ======================================================
1. Lagandeo Sao @ Lagan Dev Son of Lakhan Saw.
2. Reena Devi, Wife of Lagandeo Sao.
Both resident of Village Ghangh Dih, P.S.- Bakhtiyarpur, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bipin Kumar son of Sri Ramchandra Sao resident of VillageRupas, P.S. Athmalgola, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar Sinha For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 08.12.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.
Petitioners apprehend their arrest in connection with a case registered under section 406 of the Indian Penal Code. The accusation against petitioners is that they took Rs 06/- lakhs from the informant and gave two blank cheques. Subsequently, amount was filled in the aforesaid cheques by petitioner no.1 but when the aforesaid cheques were presented before the concerned bank, the same got dishonoured. Submission on behalf of the petitioners is that petitioners and the informant were doing business together and they had partnership firm but the aforesaid firm suffered loss
Patna High Court Cr.Misc. No.38992 of 2016 (5) dt.08-12-2016 and thereafter, the informant brought his false case against the petitioners. It is further submitted that, as a matter of fact, much prior to filing of the present case, petitioner no.1 had filed insolvency case in the State of Gujrat. It is further submitted that even if the prosecution story assumed to be true, then also, no case under section 406 of the Indian Penal Code is made out and, at best, it is case of breach of contract for which informant may take legal recourse in civil court.
Although learned counsel appearing for the informant opposed the prayer but considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Barh, Patna in Bakhtiyarpur P.S. Case no. 137/2015 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T