IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10976 of 2009 DR.PUNAM SINHA @ PUNAM SINGH Versus STATE OF BIHAR ----------- 02/ 15.06.2009 Heard learned counsel for the petitioner, Complainant and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. Learned counsel for the petitioner submits that blank signed cheque was given by the husband of the petitioner to the complainant as security because both of them were doing some joint business. Hence, he submits that there is no occasion of repayment of any amount and the cheque has been filled up by the complainant himself and had been submitted only to implicate the petitioner and her husband. Learned counsel for the complainant vehemently opposes the contentions of learned counsel for the petitioner and submits that petitioner and her husband are habitual frauds and similar illegalities have been committed by them against other persons also due to which cases are pending against them. However, from the facts and circumstances of the case as well as the materials on record, it is quite apparent that allegation is that Rajiv Kumar Singh, the husband of the petitioner had taken loan 2 from the complainant and only he had signed the cheque which was handed over to the complainant. In the said circumstances, no offence under the Negotiable Instruments Act is made out against the petitioner, who is a lady and is also a Reader in the Bihar University. It further transpires that the main accused person is the husband of the petitioner, namely, Rajiv Kumar Singh, who is said to have taken loan and had issued the cheque. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In the case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioner, namely, Dr. Punam Sinha @ Punam Singh shall be released on bail on furnishing bail bond of Rsd.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. 2312 of 2008/ Tr. No. 1630 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. DKS/ ( S.N.Hussain, J)