Sheikh Minchu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1967 of 2020 Arising Out of PS. Case No.-218 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== SHEIKH MINCHU Son of Late Sheikh Aziz, Resident of Village - Chawani, Ward No.5, P.S.- Manuwa Pool, Bettiah and West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammed Abu Haidar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bettiah (Town) P.S. Case No. 218 of 2019 for the offences punishable under Sections 420, 406, 504 and 506/34 of the Indian Penal Code and Section 138 of N.I. Act.

The allegation is regarding the daughters of the petitioner having befriended the informant whereafter the informant is said to have given loan of a sum of Rs. One lakh in cash and Rs. Fifty thousand by way of cheque to the petitioner herein, however, upon demand the same was not returned and the petitioner had abused the informant.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is ready and willing to return back the aforesaid sum of Rs. Fifty thousand which has been transferred in his

Patna High Court CR. MISC. No.1967 of 2020(3) dt.23-01-2020 2/2 account by demand draft, however, there is no proof of payment of Rs. One lakh to the informant.

This Court deems it fit and proper to grant bail to the petitioner herein subject to deposit of Rs. 50,000/- with the Nazarat of the learned Civil Court at Bettiah.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct for release of the petitioner, immediately upon deposit of the aforesaid sum of Rs. 50,000/- in the Nazarat of the learned Civil Court at Bettiah, West Champaran, subject to such conditions as may be deemed fit and proper to be imposed by the learned Chief Judicial Magistrate, Bettiah at West Champaran in connection with Bettiah (Town) P.S. Case No. 218 of 2019.

It is further directed that in case the informant approaches the learned court below for withdrawal of the aforesaid amount of Rs. 50,000/-, the same shall be released in favour of the informant on furnishing adequate security.

With the aforesaid observations and directions, the present petition stands disposed of.

(Mohit Kumar Shah, J) Tiwary/- U T