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Judgment
The petitioner is apprehending his arrest in connection with the case registered under Sections 406, 420, 120B of the Indian Penal Code.
The brief facts of the case is that on 12.12.2015 two persons came to the informant and stated that they came from "Nirmal Seed Company", Jamshepdur, and their company supplies seeds of flowers and vegetables and for taking membership, their company take a cheque of Rs.100/- and not in cash. Thereafter, for taking membership the informant issued a cheque bearing No.516847, A/C No.070500030004515 of PNB, Jhinkpani,, for Rs.100/- and handed over to them. When the informant getting update his passbook, he came to know that the petitioner has withdrawn Rs.45,500/- in his account by the aforesaid cheque through Axis Bank, Chaibasa after clearing the cheque from PNB, Chaibasa.
It appears that under order dated 07.6.2017, counsel for the petitioner was directed to take instruction from the petitioner as to whether he is ready to deposit Rs.45,500/- in the account of informant or not.
Today, when the case is called out, learned counsel for the petitioner has submitted that the petitioner is ready to deposit the same and seeks time for depositing the aforesaid amount.
Petitioner is directed to deposit Rs.45,500/- in the account of the informant (A/C No.070500030004515, PNB Jhinkpani) within six weeks. Thereafter, the petitioner will submit the receipt of the same before the trial court at the time of surrender.
In view of the above, I am inclined to admit the petitioner on anticipatory bail. The petitioner is directed to surrender in the court below within seven weeks and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Chaibasa, in connection with Jhinkpani P.S. case No.04/2016, corresponding to G.R. No. 37/2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
Let a copy of this order be handed over to the learned APP for transmission of the same to the concern I.O.
Further, the petitioner is directed to submit a certified copy of this order before the Bank Manager of the Axis Bank, Chaibasa and PNB Jhinkpani.
