Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12929 of 2020 Arising Out of PS. Case No.-137 Year-2018 Thana- MUFFASIL District- Aurangabad ====================================================== Ravi Kumar Son of Akhilesh Prasad Singh Resident of Village-Ramabandh, Tole-Somaru Bigha, P.S-Town Aurangabad, District-Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-06-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State and learned counsel for the informant through video conferencing. Petitioner is languishing in jail custody since 29.7.2019 in connection with Muffasil P.S. Case No.137/2018 registered under Sections 406/420/384/504/506/120B of the Indian Penal Code.

Admittedly, the above stated case was lodged on the basis of complaint petition filed by the informant. The informant claimed in his complaint petition that petitioner had taken Rs. 12,70,000/- on credit from the informant and executed an agreement but he did not return the aforesaid amount and, furthermore, he having put the informant into fear of death, took his signature on plain papers. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.12929 of 2020(3) dt.10-06-2020 2/2 that even if the prosecution story is assumed to be true, then also, it is a case of civil nature.

Learned counsel appearing for the informant submits that while petitioner was in jail custody, he signed some cheques in presence of the court but, subsequently, he stopped the payment of aforesaid cheques and, therefore, he not only cheated the informant but also cheated the court. It is an admitted fact that when the so called cheques were signed, petitioner was in jail custody and it appears that the aforesaid cheques were signed under pressure. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad/concerned court in connection with Muffasil P.S. Case No.137/2018.

(Hemant Kumar Srivastava, J) Spd/- U T