The Patna High Court granted anticipatory bail to the petitioner, Geeta Devi, accused in sections 420, 406 IPC and section 138 NI Act, directing her to deposit Rs.70,000 as condition of bail.
Petitioner released on anticipatory bail upon furnishing a bond and depositing Rs.70,000 to the Chief Judicial Magistrate, Katihar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.50028 of 2015 (3) dt.17-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50028 of 2015
Arising Out of PS.Case No. -781 Year- 2014 Thana -KATIHAR District- KATIHAR ====================================================== 1. Geeta Devi Wife of Pankaj Kumar, proprietor of Maa Ambey Agro Enterprises, Rana Market, Kachari Road, Police Station - Barh, District - Patna. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Sri Govind Chaudhary, Resident of Shivpuri, B.M.P., Camp, Police Station - Town (Sahayak), District - Katihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Arun Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 17-12-2015 Heard learned counsel for the petitioner and the State. The apprehends her arrest in a case under sections 420 and 406 of the Indian Penal Code and section 138 of the Negotiable Instruments Act. It appears that there was some deal between the complainant and the petitioner with respect to the purchase of Mahindra Shaktiman Tractor. A cheque for a sum of Rs.2,50,000/given by the petitioner bounced. Learned counsel for the petitioner submits that in fact blank cheque was taken by the complainant’s company. Having regard to the facts and circumstances of the case,
Patna High Court Cr.Misc. No.50028 of 2015 (3) dt.17-12-2015
the petitioner, namely, Geeta Devi is directed to be released on anticipatory bail, in the event of her arrest/surrender, on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in Town (Sahayak) P.S. Case No.781 of 2014 subject to the conditions that she would deposit a sum of Rs.70,000/- (Rupees Seventy thousand only) in the court below within a period of one month from today, which would be subject to the result of the criminal case.
(Samarendra Pratap Singh, J)
KHAN/-
U
2 issues framed by the court
Whether petitioner is entitled to anticipatory bail in a cheating and bounced cheque case alleging she had furnished a cheque for purchase of a tractor?
Whether the allegation that a blank cheque was taken by the complainant provides sufficient ground for release on bail?
2 provisions across 2 enactments
Geeta Devi
The State of Bihar
Sri Govind Chaudhary
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
