Shailendra Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80937 of 2019 Arising Out of PS. Case No.-3139 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SHAILENDRA JAISWAL Son of Late Laxmi Narayan Jaiswal Resident of Mohalla-Arya Kumar Road, Machhli Market, P.S.-Kadamkuan, DistrictPatna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Smt. Ragini Singh Wife of Late Madneshwar Singh Permanent resident of Barhaiya House, New Lalji Tola, Police Station-Gandhi Maidan, DistrictPatna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mithlesh Kumar Gupta For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Complaint Case No. 3139(C) of 2015 registered under Sections 420 of the Indian Penal Code and Section 138 of the N.I. Act.

Learned counsel for the petitioner submits that the amount has already been paid to the complainant, and for purpose of anticipatory bail, learned counsel submits that without prejudice to his rights and contentions he is ready to deposit Rs. 40,000/- in the court below subject to result of the

Patna High Court CR. MISC. No.80937 of 2019(2) dt.16-12-2019 2/3 case.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein the substantial accusation is with regard to dishonour of cheuqe of Rs. 40,000/- in the present case, though learned counsel for the petitioner has contended that this amount has already been paid to the complainant, for purpose of anticipatory bail, learned counsel submits that without prejudice to his rights and contentions he is ready to deposit Rs. 40,000/- in the court below subject to result of the case, in that view of the matter, let the above-named petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail on deposit of Rs. 40,000/- in the court below with bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned J.M.

- 1st Class, Patna, in connection with Complaint Case No. 3139(C) of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

Patna High Court CR. MISC. No.80937 of 2019(2) dt.16-12-2019 3/3 (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T