Allowed

Nisha Mishra v. State Of Bihar and Anr.

Patna HC7 Sept 2018CR. MISC./53680/2018

Case brief

AI extract

What is this about?

This order grants anticipatory bail to Nisha Mishra in a cheque dishonour case. The court imposed a condition that upon failure of any installment of the deposited fine, the privilege of bail will be deprived.

What did the court decide?

Grant of anticipatory bail conditioned on deposit of Rs. 1,50,000 and subsequent monthly installments of Rs. 25,000, with deprivation of bail upon failure to pay any installment.

Nisha Mishra Vs State Of Bihar and Anr. — Cheque Dishonour | Patna HC (2018)

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Patna High Court Cr.Misc. No.53680 of 2018 (02) dt.07-09-2018

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53680 of 2018

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Arising Out of PS.Case No. -4386 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA

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Nisha Mishra, Wife of Sri Anil Kumar Mishra, Resident of VillageNarga, P.S. Karpi, District- Arwal, at present residing at Mohalla- Adalat Ganj, High Court Quarter No. C/20, P.S.- Kotwali, District- Patna.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Ram Chandra Dash, Son of Late Raja Dash, Resident of Mohalla- Malahi Pakri, P.S. Kankarbagh, District- Patna.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar Singh-Advocate For the Opposite Party/s : Smt. Renuka Ratnakar-A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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02 07-09-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor along with learned counsel for the complainant.

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Considering the rival submission, it looks worthless to indulge in merit of the case as basically, it happens to be a case of dishonour of a cheque issued by the petitioner for a sum of Rs. Three Lacs. Petitioner is ready to pay the amount, but under the instalments in the background of financial crunch. Learned counsel for the petitioner further submits that at the time of furnishing of bail bond, she will deposit Rs.1,50,000/- (One lac and fifty thousand) and rest amount of Rs.1,50,000/- (One Lac and Fifty thousand) will be deposit in six equal instalments of

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Patna High Court Cr.Misc. No.53680 of 2018 (02) dt.07-09-2018

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Rs.25,000/-, monthly, which the learned counsel for the complainant accepts.

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Accordingly, on a deposit of Rs.1,50,000/- (One Lac

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and Fifty thousand), petitioner, Nisha Mishra will avail the privilege of anticipatory bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-XIV-Cum-A.C.J.M., Patna in the event of her surrender or arrest within fortnight in connection with Complaint Case No.4386(C) of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C. along with additional condition that in case of failure of deposit at any instalment, will deprive the petitioner to avail the same.

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(Aditya Kumar Trivedi, J)

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Vikash/-

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U T

Nisha Mishra v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Nisha Mishra v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

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