High Court Patna High Court - Orders

Jainendra Kumar Jha vs The State Of Bihar on 25 August, 2011

Patna High Court – Orders
Jainendra Kumar Jha vs The State Of Bihar on 25 August, 2011
     Patna High Court Cr.Misc. No.28307 of 2011 (2) dt.25-08-2011




                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Criminal Miscellaneous No.28307 of 2011
                  ===========================================

Jainendra Kumar Jha, son of Shri Nageshwar
Jha, resident of village-Rakauli, P.S.-
Barahat, District-Banka
…. …. Petitioner
Versus
The State Of Bihar
…. …. Opposite Party
===========================================

2 25-08-2011 Heard learned counsel for

petitioner and learned counsel for the

State.

The petitioner apprehends his

arrest in connection with a case

registered for the offence under

sections 420, 467,468 of the Indian

Penal Code and 138 of the N.I. Act.

It is submitted on behalf of

the petitioner that the petitioner is

ready to pay the unpaid amount of

cheque to the complainant. He further

submits that in view of allegations

made in the complaint there would be

no application of Sections 420 and 468

of the Indian Penal Code and the case
Patna High Court Cr.Misc. No.28307 of 2011 (2) dt.25-08-2011

at best would be made out under

section 138 of the N.I. Act.

Taking into consideration

aforesaid submissions, in case the

petitioner submits a Demand Draft of

Rs.65,000/- in favour of the

complainant before the court below

within four weeks from the date of

receipt or production of this order he

shall be released on bail on

furnishing bail-bonds of Rs.5,000/-

(five thousand) with two sureties of

the like amount each to the

satisfaction of court below. The

court-below would thereafter hand over

the said Demand Draft to the

complaint. It is made clear that this

payment would in no manner prejudice

the case of petitioner in course of

trial.

(Ashwani Kumar Singh, J.)
Ashwini/-