Allowed

Arun Kumar Srivastava v. The State Of Jharkhand And Anr.

Jharkhand HC3 Dec 2014A.B.A./3679/2014

Case brief

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What is this about?

The High Court of Jharkhand considered an application for anticipatory bail in a case involving allegations of cheating and cheque dishonour. The court directed the release of the petitioner on bail upon surrender or arrest.

What did the court decide?

Direction to release the petitioner on bail upon surrender or arrest, subject to a bond of Rs. 10,000 and two sureties.

Arun Kumar Srivastava Vs The State Of Jharkhand And Anr. — Cheque Dishonour | Jharkhand HC (2014)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3679 of 2014

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Arun Kumar Srivastava ...… Petitioner Versus The State of Jharkhand & Anr. ...… Opposite Parties -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioner : Mr. Shailesh, Advocate For the State : A.P.P. ------

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2/03.12.2014 Heard learned counsel for the petitioner and learned counsel for

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the State.

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The petitioner is apprehending his arrest in connection with Adityapur P.S Case No.179 of 2014 corresponding to G.R Case No.540 of 2014, for the offence under Sections 406, 420 of the Indian Penal Code.

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From the complaint petition on the basis of which the police case was instituted, it is apparent that there is sale and purchase of the land between the parties and it is alleged that though the sale deed was executed in favour of the petitioner, but the balance amount of Rs.12 Lakhs was not given to the complainant. It is also alleged that the self cheque of Rs.12 Lakhs was given to the complainant which could not be en-cashed as it was a self cheque. It is also apparent from the complaint petition that the sale deed was executed in the year 2010 and the land was mutated in the year 2011 and the cheque was given to the complainant in the year 2011 itself, which allegedly could not be withdrawn by the complainant. The complaint petition further shows that the complaint case was filed belatedly in the year 2014.

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In the facts of this case, I am inclined to grant anticipatory bail to the petitioner, Arun Kumar Srivastava. Accordingly, it is directed that in the event of surrender / arrest, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Seraikella, in connection with Adityapur P.S Case No.179 of 2014 corresponding to G.R Case No.540 of 2014 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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( H. C. Mishra, J.)

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BS/

Arun Kumar Srivastava v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

Arun Kumar Srivastava v. The State Of Jharkhand And Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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