Ashutosh Kumar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74662 of 2018 Arising Out of PS. Case No.-5388 Year-2016 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Ashutosh Kumar Pandey, Son of Shashikant Pandey, Resident of VillageHarsiddhi, P.S.- Harsidhi, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Amrendra Kumar Shrivastava, Son of Late Bhagwati Prasad Shrivastava, Resident of Village- Kharouni, P.S.- Mirganj, District- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2018 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.5388 of 2016 registered under Sections 406, 419 of the Indian Penal Code and Section 138 of N.I.Act. The complainant alleged that the petitioner borrowed money for his personal necessity with assurance to return the same within six months but the petitioner did not return the money and issued cheques. The cheques were also bounced due to non-availability of fund in the account of the petitioner. The learned counsel for the petitioner submits that entire allegation is false and concocted. The petitioner lodged Harsidhi P.S. Case No.118 of 2016 against the complainant

Patna High Court Cr.Misc. No.74662 of 2018(2) dt.20-12-2018 2/2 alleging therein that the complainant being an agent of a finance company approached the petitioner to provide loan and obtained blank cheques but later on, when the petitioner filed Harsidhi P.S. Case No.118 of 2016 for committing fraud against the complainant, complainant filed this complaint case. Considering the aforesaid facts, let 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 of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XVI, Gopalganj in connection with Complaint Case No.5388 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T