Binod Sao @ Binod Kumar vs State Of Jharkhand

Heard the parties through Video Conferencing.

Mr. Sanjay Kr. Singh, learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner, the defects pointed out by the Stamp Reporter are ignored for the present.

Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Korrah P.S. case no. 87 of 2019 registered under Sections 406, 420 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner with the promise of giving one land at Ranchi in the name of the informant by cheating has taken Rs. 5,00,000/- but he is not repaying the same. It is next submitted that after the informant made a complaint about the same in the Korrah police station, an agreement was made between the parties and the petitioner along with the co-accused gave one cheque, but the cheque has been dishonored. It is then submitted that the allegations against the petitioner are all false and the petitioner has not committed any offence nor he has issued any cheque, hence, the petitioner be given the privilege of anticipatory bail.

Learned counsel for the petitioner prays to implead the informant as opposite party no. 2.

Prayer is allowed.

The petitioner is directed to incorporate the name of the informant as opposite party no. 2 within a week after the lockdown is over.

Let notice be issued to Opposite Party No. 2. The petitioner is directed to file requisites of notice through both processes i.e. under registered post with A/D as well as through ordinary process within two weeks, failing which, this anticipatory bail application shall stand dismissed without further reference to the Bench.

List this case on 10.11.2020.

Considering the submissions of the counsels and the fact as discussed above, I am inclined to pass an interim order of anticipatory bail to the petitioner provisionally till 10.11.2020. In case of the petitioner being arrested by the police on or before 10.11.2020, the petitioner shall be released on bail provisionally on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the officer concerned in connection with Korrah P.s. case no. 87 of 2019 subject to the conditions laid down under section 438 (2) Cr. P.C.