Smt. Sushila Devi @ Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1408 of 2020 Arising Out of PS. Case No.-276 Year-2015 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ======================================================

1. Smt. Sushila Devi @ Sushila Devi w/o of Devendra Malkar

2. Digambar Malkar@ Digambar Malkar son of Devendra Malkar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhoy Kumar Kashyap For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-02-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kotwali(Tilkamanjhi) P.S. Case No. 276 of 2015 registered for the offences punishable under Sections 420, 406,120B of the Indian Penal Code and section 138 of the I.T.Act. Petitioners are said to have taken home loan of Rs. 10 lacs from UCO Bank, but failed to return the loan amount and after that a cheque of Rs. 3 lacs was handed over by petitioner no. 1 to informant but the said cheque which became dishonour.

However, it is submitted on behalf of the petitioners that the dispute of the parties has already been settled

Patna High Court CR. MISC. No.1408 of 2020(2) dt.27-02-2020 2/2 and the bank has issued no dues certificate after deposit of settled amount which is evident from perusal of Annexure-3. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in Kotwali ( Tilkamanjhi) P.S. Case No. 276 of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C. N.K/- (Hemant Kumar Srivastava, J) U T