Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67127 of 2019 Arising Out of PS. Case No.-735 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== DEEPAK KUMAR S/O Late Naresh Kumar Raj Electrical and Electronic near Pani Tanki, P.S.- Mithanpura, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Rohit Kumar S/O Anil Kumar Banka Partner Electrical Center, Tilak Maidan, Road, P.S.- Town, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.735 of 2019 corresponding to Trial No.2283 of 2019 registered for offences punishable under Sections 420, 406, 468, 120(B) of the Indian Penal Code and Section 138 of the N.I. Act.

As per the complaint petition, petitioner and his father used to take electric items from the shop of the complainant and there were dues of Rs.10,67,173/- , for which they have given two cheques each of Rs.01 lac but that on production dishonoured showing due to 'insufficient amount'. Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.67127 of 2019(2) dt.24-10-2019 2/2 that he has already paid the above amount by cheques which he has stated in para 7 of the petition.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the learned court below and on surrender he will be released on provisional bail in connection with Complaint Case No.735/19 corresponding to Trial No.2283 of 2019 for a period of three months and in the meantime, the court below shall call upon the complainant and make an inquiry as to whether the amount has been deposited in the account of the informant and if the submission of the petitioner is found true, his bail bond shall be confirmed otherwise the petitioner has to surrender and pray for regular bail.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T