Dr. Baban Kumar Soni @ B. K. Soni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2936 of 2018 Arising Out of PS. Case No.-173 Year-2017 Thana- RAMPUR District- Gaya ======================================================

1. Dr. Baban Kumar Soni @ B. K. Soni, son of Shyam Sundar Sao @ Shyam Sundar Prasad, r/o village- Nauranga, P.S.- Muffasil, District- Gaya.

2. Rustam Alam, son of Zafruddin Alam, r/o Mohalla- Ghugharitand, P.S. - Vishnupad, District- Gaya.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. Md. Sahnawaz son of Md. Salim r/o Mohalla Gewal Bigha, P.S.- Rampur, District- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners apprehend their arrest in Rampur P.S. Case No.173 of 2017 instituted for the offence under Section(s) 420, 467, 468 and 471/34 of the Indian Penal Code. It has been submitted that as per settlement arrived at between the parties he has earlier issued cheque of Rs.4,50,000/- which got bounced for which the informant has filed another case against the petitioners. Learned counsel for the petitioners submits that he is handing over two demand drafts for total consideration amount of Rs.4,50,000/- in favour of informant vide D.D. Nos.001653 and 001669 dated 25.04.2018 and 09.05.

Patna High Court Cr.Misc. No.2936 of 2018(7) dt.14-05-2018 2/3 2018 respectively issued by Axis Bank.

Learned counsel for informant has appeared and submitted that he will take appropriate action for final disposal of another case which has been filed for bouncing of the cheque, in the event the amount is received in the account. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within four weeks from today in connection with Rampur P.S. Case No. 173 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya subject to the conditions as laid down under Section 438(2) Cr. P.C.

(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.2936 of 2018(7) dt.14-05-2018 3/3 cancellation of bail of the petitioners.

It is made clear that in the event the amount of demand draft which is supplied today is not credited in the account of the informant for some reason or other the bail bond of the petitioners will liable to be cancelled by the court below. (Sanjay Priya, J) shyambihari/- U T