High Court Patna High Court - Orders

Aman Kishore Singh vs The State Of Bihar & Anr. on 28 September, 2011

Patna High Court – Orders
Aman Kishore Singh vs The State Of Bihar & Anr. on 28 September, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.25534 of 2011

                Aman Kishore Singh, Son of Shree Chandra Kishore Singh, resident of
                Mohalla Gangjala, Ward No. 17, Saharsa, P.S. & District Saharsa.
                                                                           -------Petitioner
                                                Versus
                1.The State Of Bihar.
                2.Kundan Kumar Rakesh, Son of Narayan Prasad Singh, resident of
                Mohalla Tiranga Chock, Gangjala, Ward No. 15, Saharsa, P.S. & District
                Saharsa.
                                                                   -----Opposite Parties
                                              -------------

04/- 28/09/2011 Supplementary affidavit has been filed on behalf of

the petitioner.

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehending his arrest in connection

with a case registered for the offence punishable under Sections

420, 323 of the Indian Penal Code and Section 138 of N.I. Act, is

solitary named accused in this complaint case with allegation of

taking Rs. 75,000/- from the complainant and to return issued two

cheques worth Rs. 25,000/- each, but both were bounced.

Submission is that subsequent to bouncing of the

two cheques, petitioner has already paid Rs. 50,000/- through two

cheques which have been encashed by the complainant. Further,

submission is that he is ready to pay the remaining amount of Rs.

25,000/- with interest, if any.

Considering the facts and circumstances of the case,

on the event of depositing of remaining amount of Rs. 25,000/-

with further promise to pay the interest at agreed rate within one

month from the date of appearance, in the event of his
arrest/surrender before the court below within four weeks, let the

above named petitioner be enlarged on bail on furnishing bail-

bond of Rs. 10,000/- (ten thousand only) with two sureties of the

like amount each to the satisfaction of Chief Judicial Magistrate,

Saharsa, in connection with Complaint Case No. 84 C/2010,

subject to condition laid down under Section 438(2) of the

Criminal Procedure Code with additional condition to remain

physically present before the court below till disposal of the case,

and in case of failure on two consecutive dates, without giving any

reasonable explanation, the liberty granted shall be deemed to be

cancelled.

( Akhilesh Chandra, J.)
Praveen/-