Ravi Kumar Kedia And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15674 of 2019 Arising Out of PS. Case No.-845 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== 1.

Ravi Kumar Kedia Son of Vinod Kumar Kedia 2.

Vicky Kedia Son of Vinod Kumar Kedia Both resident of Village - at S.K. Enterprise, Dadi Sainy Gyari Lane, 2nd Floor, Kalwa Devi Road. P.S.- L.T. Marg, Distt.- Mumbai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Rukhaiyar, Adv.

For the State :

Mr. Dr. Ajeet Kumar, APP For the O.P. No. 2 :

Ms. Kumari Vandana, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 This is an application for grant of anticipatory bail in connection with Muzaffarpur Town P.S. Case No. 845 of 2018, disclosing offences under Sections 409, 420 and 34 of the Indian Penal Code.

Allegation as per F.I.R. against the petitioners is that they had gone to the shop of the informant and as there was some dues with the informant and the informant issued a cheque and by interpolation they made it Rs.7,25,000/- and withdrawn the same. Submission of learned counsel for the petitioners is that as a matter of fact Rs.4,56,272/- was due with the informant, which will appear from Annexure-P2 series and Rs.2,68,728/- was given as an advance and the petitioners are still ready to return the

Patna High Court CR. MISC. No.15674 of 2019(3) dt.17-05-2019 2/2 advance of Rs.2,68,728/-.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2, though he has disputed the dues amount, but he has not given any reply with respect to Annexure-P2 series, which are the details of the amount due with the informant. Having heard both sides, in view of the facts and circumstances of the case as stated above, this application is disposed of with a direction to the petitioners to surrender before the court below on 03.06.2019 with a bank draft of Rs.2,68,728/- payable to the informant and once the aforesaid amount is paid, the petitioner shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur Town P.S. Case No. 845 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. Both the parties are at liberty to settle the dispute before the court below.

(Vinod Kumar Sinha, J) Amjad/- U T