High Court Patna High Court - Orders

Praveen Kumar vs The State Of Bihar on 9 November, 2011

Patna High Court – Orders
Praveen Kumar vs The State Of Bihar on 9 November, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Cr.Misc. No.18279 of 2011
Praveen Kumar, Son of Umesh Kumar Pandey of Ashiana Nagar N.T.P.C. Phase Main P.S.
Rajeev Nagar, District Patna. ----- Petitioner.
                                                Versus
The State of Bihar. ------ Opposite Party
                                               -----------

4 9.11.2011 Heard learned counsel for the

petitioner and the counsel appearing on behalf

of the informant.

This Court by order dated 31.5.2011 had

granted provisional bail to the petitioner so

that the matter could be settled between the

parties. The provisional bail was extended

till 19th of October, 2011. For one reason or

the other, the parties could not settle the

issues. This Court had ordered that if the

settlement is not made, the petitioner should

surrender by 19.10.2011. Once there was

failure of settling the matter between the

parties, the petitioner filed an Interlocutory

Application numbered as I.A. No. 2160 of 2011

on 14.10.2011 praying for extension of time.

The Interlocutory Application could not be

placed till today as such, the time was not

extended.

This is a case in which there is an

allegation that the petitioner had issued four

cheques of sum of Rs. 15 lacks which bounced.
2

This resulted in a case being filed under

Section 138 of the Negotiable Instrument Act as

well as Sections 420 and 506 of the Indian

Penal Code as the petitioner had failed to

honour the agreement to pay a certain amount of

money in exchange of property which he proposed

to buy from the informant. For the offences

aforesaid, the petitioner has remained in

custody for 1½ months.

I accordingly, direct that the

petitioner Praveen Kumar should surrender by

30.11.2011. On his surrender the Court below

will release him on bail on 2.12.2011 in

connection with Patna City Chowk P.S. Case No.

04 of 2011 on furnishing bail bond of rupees

ten thousand with two sureties of the like

amount each to the satisfaction of the

Additional Chief Judicial Magistrate, Patna

City.

Sanjay                                            (Sheema Ali Khan, J.)