Allowed

Prem Pratap Ray v. The State Of Bihar

Patna HC10 Mar 2014CR. MISC./51874/2013

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner who apprehended arrest in a case under Sections 138 NI Act and 406 IPC. Bail was subject to depositing the cheque amount, surrendering within eight weeks, and a condition to remain physically present for two years.

What did the court decide?

Petitioner granted bail on deposit of Rs. 10,000 with two sureties, surrender within eight weeks, and physical presence condition for two years.

Prem Pratap Ray Vs The State Of Bihar — Cheque Dishonour | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51874 of 2013

¶2

====================================================== Prem Pratap Ray .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 3 10-03-2014 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

¶3

The petitioner, who is apprehending his arrest in connection with a case registered for the offences punishable under section 138 of the N.I. Act and section 406 of the Indian Penal Code, is one of the solitary named accused in this complaint case with allegation of issuing a cheque worth Rs.3,87,847 /- in favour of the complainant but the same was bounced.

¶4

Submission is that the very purpose behind issuance

¶5

of the cheque was to get the same used as a security not for encashment.

¶6

On the other hand, such submission is being refuted. However, in order to avoid any future complication, subject to result of the case, the petitioner is ready to deposit the

¶7

amount in the court.

¶8

Patna High Court Cr.Misc. No.51874 of 2013 (3) dt.10-03-2014

¶9

2/2

¶10

Having regard to the facts and circumstances of the case, in the event of filing an application stating such willingness and deposit the aforesaid amount in the court below , in the event of his arrest or surrender before the court below within eight weeks, let the petitioner abovenamed 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 Sub-Divisional Judicial Magistrate, Patna City, in connection with Complaint Case No. 581 of 2012 subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

¶11

(Akhilesh Chandra, J)

¶12

Ashwini/-

Prem Pratap Ray v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Prem Pratap Ray v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sk. Saghir @ Saghir Ahmad and Ors. Vs The State Of Bihar

Rambali Bhagat Vs State Of Bihar and Anr.

Sheo Parikha Singh @ Sheo Pariksha Singh Vs State Of Bihar and Anr.

Jamadar Thakur Vs The State Of Bihar

Md. Nasim and Ors. Vs The State Of Bihar

Goutam Kumar Choudhary @ Goutam Kumar @ Choudhary @ Goutam Choudhary Vs The State Of Bihar