Patna High CourtCR. MISC./43545/2017bail granted

Sushil Kumar Rai v. The State Of Bihar

2017-09-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43545 of 2017 Arising Out of PS.Case No. -194 Year- 2015 Thana -JHAJHA District- JAMUI ======================================================

1. Sushil Kumar Rai, Son of Late Rama Shankar Rai, Resident of VillagePipradebas, P.S.-Barauni, District-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2017 Heard both sides.

The petitioner apprehends his arrest in Jhajha P.S. Case No. 194/2015, registered for the offences punishable under Sections 406 of the Indian Penal Code and 138 of the N.I. Act. The informant alleged that he deals in marble and tiles. The petitioner purchased marbles and tiles for Rs. 3,400,16/- from the informant. The petitioner gave a cheque of Rs. 3,40,000/- to the informant, but the same was dishonoured. Learned counsel for the petitioner submits that no notice was given to the petitioner for dishonouring of the cheque. The complaint was not filed in accordance with law as laid down under Section 142 of the N.I. Act.

Learned counsel for the informant vehemently

Patna High Court Cr.Misc. No.43545 of 2017 (2) dt.19-09-2017 2/2 opposed the prayer for anticipatory bail of the petitioner. Considering the nature of allegation made against the petitioner, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 194/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T