Amit Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55448 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- Cyber P.S. District- Khagaria ====================================================== Amit Kumar Verma S/O Subodh Prasad Verma R/O Mohalla- Near Tara Gupta Building Indrapuri, 13 Ratu Road, P.S- Sukhdev Nagar, Distt.- Ranchi (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh, Adv.
For the State :
Mr.Anil Prasad Singh, APP For the Informant :
Mr. Mritunjay Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-11-2024 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary.
2. The petitioner seeks bail in connection with Cyber P.S. Case No. 53 of 2023 instituted for the offences under Sections 419, 420, 379, 120(B), 467, 468 of the Indian Penal Code and Section 66(D) of the I.T. Act.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of cheating huge amount of money from the innocent girl in the name of job.
4. Learned counsel for the petitioner submits that
2/4 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that the co-accused Sandeep Kumar Rana gave the bank account number to the Informant and the Informant sent Rs. 1,49,000/- on 16.10.2023 and 17.10.2023 respectively. The petitioner has also not withdrawn amount from the alleged account. The petitioner has also no concern with the co-accused Sandeep Kumar Rana. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 09.02.2024 without any rhymes or reason.
5. Learned counsel for the petitioner, referring to the earlier order dated 25.09.2024 passed by a Coordinate Bench of this Court, further submits that the petitioner is ready to pay Rs. 1,50,000/- to the Informant but, in installments, as is fixed by this Court while granting bail to the petitioner.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. In view of the submission made by the learned counsel for the petitioner, learned counsel for the Informant
3/4 does not raise any objection to such prayer of the learned counsel for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the fact that the petitioner is ready to pay the amount, in question, to the Informant, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cyber P.S. Case No. 53 of 2023, subject to the following conditions;
(i) The petitioner shall pay an amount of Rs. 50,000/- to the Informant at the time of furnishing bail bonds and, rest of the amount i.e. Rs. 1,00,000/-, he shall pay in two equal installments in next four months.
(ii) One of the bailor(s) shall be the own/close family members of the petitioner.
(iii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates
4/4 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
8. It is also made clear that in case of noncompliance of any of the aforesaid terms and conditions, the court below will be at liberty to cancel the bail bonds of the petitioner.
9. The amount paid by the petitioner to the Informant shall remain subject to the final outcome of the case.
(Rudra Prakash Mishra, J) rishi/- U T