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Rambidut Kumar Singh @ Ramvidut Singh @ Ram Vddut Kumar Singh v. The State Of Bihar

Patna HC12 Feb 2018CR. MISC./51472/2017

Case brief

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What is this about?

The High Court disposed of a bail application, granting conditional anticipatory bail on a provisional basis contingent upon the petitioner surrendering and paying the first installment of the bounced cheque amount of Rs. 3 lakh within four weeks.

What did the court decide?

Provisional anticipatory bail granted for four months contingent on surrender within four weeks and payment of the first installment of Rs. 3 lakh.

Rambidut Kumar Singh @ Ramvidut Singh @ Ram Vddut Kumar Singh… — Cheque Dishonour | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51472 of 2017

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Arising Out of PS.Case No. -71 Year- 2017 Thana -BELAGANJ District- GAYA

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====================================================== 1. Rambidut Kumar Singh @ Ramvidut Singh @ Ram Vddut Kumar Singh. S/o Jogeshwar Singh, R/o Village- Doman Bigha, P.S.- Ghoshi, District- Jehanabad.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Birendra Prasad, son of late Ramdhani Prasad, resident of village- Akal Bigha, P.S.+ PO- Belaganj, District- Gaya.

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.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar Singh, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP Mr. Kunwar Nr. Jamuar, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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4/ 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2.

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Petitioner apprehends his arrest in Belaganj P.S. Case No.71 of 2017 instituted for the offence under Section(s) 406, 409, 420, 120-B Indian Penal Code.

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Counsel for the petitioner has submitted that he is ready to make payment of the amount of two cheques i.e. Rs.11,60,000/-, which got bounced, in four equal installments.

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Learned counsel for the informant-Opposite Party No.2 has appeared and submitted that earlier also the petitioner had signed on the stamp paper of one thousand rupees before

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Patna High Court Cr.Misc. No.51472 of 2017 (4) dt.12-02-2018

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giving cheque that the same will not bounce, but the same has bounced. Therefore, some sureties may be taken from the petitioner that the cheque, which he will issue subsequent to the order of this Court, will not be bounced.

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In view of such, this application is disposed off with direction to the petitioner to surrender in the Court below i.e. Chief Judicial Magistrate, Gaya, in connection with Belaganj P.S. Case No.71 of 2017 within a period of four weeks from the date of receipt of the order along with valid receipt showing payment of rupees three lac as first installment to the informant by Demand Draft and the Court below on being satisfied that first installment has been paid to the informant will release the petitioner on provisional anticipatory bail for a period of four months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to its own satisfaction subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if

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Patna High Court Cr.Misc. No.51472 of 2017 (4) dt.12-02-2018

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petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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Thereafter, the petitioner will make payment of the remaining amount in three installments within the aforesaid period. After furnishing valid proof of making payment of entire amount i.e. Rs.11,60,000/- for which the cheque has bounced, the Court below will confirm the provisional bail of the petitioner after four months from the date of his surrender.

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It is made clear that if the petitioner does not surrender with valid receipt showing payment of first installment or defaults in making payment of single installment, as ordered above, the Court below will be at liberty to pass appropriate order in accordance with law including cancellation of provisional bail of the petitioner.

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Aforesaid payment made by the petitioner will be subject to final decision of the case.

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This application is, accordingly, disposed off.

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(Sanjay Priya, J)

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JA/-

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U T

Rambidut Kumar Singh @ Ramvidut Singh @ Ram Vddut Kumar Singh v. The State Of Bihar

Case brief

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Rambidut Kumar Singh @ Ramvidut Singh @ Ram Vddut Kumar Singh v. The State Of Bihar

Case brief

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