Manjeet Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56072 of 2018 Arising Out of PS. Case No.-125 Year-2018 Thana- BIKRAM District- Patna ====================================================== Manjeet Kumar Son of Uday Yadav, resident of Village- Sadawah, P.S.- Dulhin Bazar, District- Patna. At present resident of Village- Jamalpur, P.S.- Bikram, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjeet Kumar Son of Suresh Yadav, resident of Village- Lodipur, P.S.- Naubatpur, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Sinha For the Opposite Party/s :

Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Bikram P.S. Case No. 125 of 2018 registered for the offence punishable under Sections 420, 406, 120B/34 of the Indian Penal Code and Section 138 of N.I. Act. Allegation against petitioner is that mother of the complainant executed a sale deed in favour of the petitioner and the petitioner gave a cheque of Rs. 75,000/- towards consideration money. When the complainant deposited the cheque in bank the same was returned with remark payment has stopped. When the complainant contacted the petitioner,

Patna High Court Cr.Misc. No.56072 of 2018(2) dt.06-10-2018 2/3 he assured to make payment of the said amount but on one pretext or the other payment could not be made and ultimately the petitioner refused to make payment of the said amount. The complainant then filed a complaint case which was referred to the police under Section 156(3) of Cr.P.C. for institution of FIR and investigation pursuant to which Bikram P.S. Case No. 125 of 2018 was registered under Sections 420, 406, 120B/34 of IPC and Section 138 of N.I. Act.

It has been submitted on behalf of the petitioner that the present case has been filed on frivolous ground. Petitioner had purchased a constructed house on payment of entire consideration amount of Rs. 3,80,000. Again the petitioner intended to purchase a land and for that he issued a cheque of Rs. 75,000/- only but it was detected that the land has already been sold to another persons and that is why he instructed the bank to stop payment of that cheque. Petitioner has no criminal antecedent and he is in custody since 27.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with

Patna High Court Cr.Misc. No.56072 of 2018(2) dt.06-10-2018 3/3 two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Danapur, Patna, in connection with Bikram P.S. Case No. 125 of 2018. (S. Kumar, J) veena/- U T