Abhyudeshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4958 of 2023 Arising Out of PS. Case No.-164 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Abhyudeshwar Kumar S/O Late Ram Swarath Prasad R/O Rajgir, P.O And P.S- Rajgir, District- Nalanda ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nagadeo Choubey, Advocate For the State :

Ms/Mrs. Nirmala Kumari, Addl Public Prosecutor for the complainant Mr. Satyabir Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner, the State and the complainant.

Petitioner apprehends arrest in registered for the offences punishable under Sections 420, 467, 468 of the Indian Penal Code and section 138 of the NI Act.

It is alleged that the cheque issued by the petitioner in favour of the complainant was returned by the bank concerned due to insufficient funds in the petitioner's bank account. Learned counsel for the petitioner submits that the petitioner never executed any registered partnership document with the complainant. The complainant somehow managed to illegally procure blank chequie in he name of the petitioner and petitioner had personally no existing debit or liability towards the complainant and the present case has been filed only to

Patna High Court CR. MISC. No.4958 of 2023(2) dt.13-04-2023 2/3 pressurize the petitioner and is family members to extort undue amount from them. It is also the case of the petitioner that after filing of the complaint, petitioner as well as his brothers and mother entered into the family arrangement and accordingly the land in question falls in the share of one of the brothers of the petitioner, namely, Aruneshwar Kumar and consequently he informed the complainant about the said development and offered the complainant that he is ready to take the entire responsibility with regard to the land in question and after negotiation the complainant also became agreeable for the same.

Learned counsel further submits that in view of terms and conditions orally settled between the complainant and brother of the petitioner, he handed over three post dated cheque amounting to Rs.1,98,75,198/- and was agreed between them that first of all the complainant should withdraw the complaint case filed against the petitioner and then to present the cheques given by Aruneshwar Kumar but the complainant out of greed accepted the cheque of the entire amount from Aruneshwar Kumar and on the other hand continuing the complaint case for illegally extorting money from the petitioner.

Patna High Court CR. MISC. No.4958 of 2023(2) dt.13-04-2023 3/3 processes of sections 82 and 83 have been completed against him to ensure appearance in the Court, and as such, this prearrest bail petition is not maintainable. Considering the aforesaid development, petition for pre-arrest bail of the petitioner is dismissed as not maintainable. (Prabhat Kumar Singh, J) shashi/- U T