The Patna High Court granted bail to petitioners accused of cheating and cheque dishonour under IPC sections 419, 420 and NI Act section 138, releasing them on furnishing bonds and sureties despite their long custody.
petitioners released on bail by furnishing bonds of Rs. 10,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5237 of 2015
Arising Out of PS.Case No. -173 Year- 2013 Thana -BODHGAYA District- GAYA ====================================================== 1. Binita Ranjan @ Vinita Ranjan W/O Subodh Kumar 2. Subodh Kumar Son of Badri Singh Both are residents of village-Gurua,P.S-Gurua,Distt.-Gaya .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-02-2015 Heard learned counsels for the petitioners and the State. The petitioners are languishing in custody since 22.11.2014 in a case registered for the offences punishable under Sections 419, 420 of the Indian Penal Code and 138 of N.I. Act. It is alleged that Rs.3,00,000/- was taken by petitioner no. 2 from the informant as loan which was returned by petitioner no. 1 being wife of petitioner no. 2 through seven cheques but the same got bounced.
It is submitted by learned counsel for the petitioners that there is no proof with regard to the payment to the
Patna High Court Cr.Misc. No.5237 of 2015 (02) dt.09-02-2015
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petitioners.
Considering the nature of accusation and the period under custody, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh-Gaya P.S. Case No. 173 of 2013.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
whether the petitioners should be granted bail after being in custody for over a year in offences of cheating and cheque dishonour
whether proof of the alleged loan and payment is required to grant bail in a pending bail application
2 provisions across 2 enactments
binita ranjan @ vinita ranjan
subodh kumar
the state of bihar
dinesh kumar singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
