Anand Kumar Churibal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38422 of 2018 Arising Out of PS.Case No. -727 Year- 2017 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Anand Kumar Churibal Son of Anil Kumar @ Anil Kumar Churibal Resident of Mohalla - Baksagali Main Road, Jehanabad Near Sati More Jehanabad, P.S. - Jehanbad, District - Jehanabad. .... .... Petitioner

Versus

1. The State of Bihar.

2. Anil Kumar Son of Nand Kishor Singh Resident of Mohalla - Pathak Toli, Jehanabad, P.S. + District - Jehanabad. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Nityanand Tiwary For O.P.No.2 : Mr. Ansul with Mr. Anuj Kr. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Complaint Case No. 727 of 2017 in which cognizance has been taken under Sections 406, 420 of the Indian Penal Code and Section 138 of N.I. Act.

Allegation against the petitioner is that he has taken Rs.3.2 lakhs from the complainant and given four cheques and they bounced.

Submission of learned counsel for the petitioner is that the four cheques were given for security purpose and not for presenting in the Bank and petitioner has returned some amount

Patna High Court Cr.Misc. No.38422 of 2018 (3) dt.14-08-2018 2/2 which will appear from Annexure-2.

Heard learned APP and learned counsel for opposite party No.2, who has opposed the prayer for anticipatory bail stating that Annexure-2 is with respect to some other transaction and in this case.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and deposits the amount in instalment within reasonable period, the court below will consider the same and pass appropriate order.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U