Nagmani Kumar And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38004 of 2018 Arising Out of PS.Case No. -904 Year- 2017 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================
1. Nagmani Kumar son of Avdhesh Tiwari @ Lalan Tiwari resident of Village Itahar, Police Station Bisfi, (O.P. Pataura), District Madhubani.
2. Brajesh Tiwari @ Bantu Tiwari son of Late Vishwanath Tiwari resident of Village Itahar, Police Station Bisfi (O.P. Pataura), District Madhubani. .... .... Petitioners
Versus
1. The State of Bihar.
2. Santosh Kumar Mahto son of Ghanshyam Mahto resident of Suratganj Ward No. 15, P.S. Madhubani Town, District Madhubani. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhas Ranjan For the Opposite Party/s : Mr. Rana Randhir Singh For the O.P. No.2 : Mr. Gagandeo Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard learned counsel for the petitioners.
Petitioners apprehend their arrest in connection with Trial No. 2227 of 2018, arising out of C.R.Case No. 904 of 2017 (CIS)/No. 904/2017(CR) under Section 420 IPC and Section 138 of N.I. Act.
Allegation against petitioner No.1 is that he has taken Rs.6.5 lakhs and for that cheque issued has been dishonored. Submission of learned counsel for the petitioners is that without going into the merit of the case, petitioners are ready to deposit 50% of the said amount subject to result of the case if some reasonable time is granted.
Patna High Court Cr.Misc. No.38004 of 2018 (3) dt.30-08-2018 2/2 Heard learned APP and learned counsel for the complainant, who has submitted that process under Sections 82 and 83 Cr.P.C. has already been exhausted in this case against the petitioners.
Having heard both sides and in the facts and circumstances, let the petitioners, named above, surrender and make prayer for regular bail, which shall be considered by learned court below on the submission that petitioners are ready to deposit 50% of the said amount, if some reasonable time is allowed and learned court below shall dispose of the same, if possible, on the same day.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U