High Court rejected the petitioners' prayer for anticipatory bail in a criminal matter involving cheating and dishonoured cheques, holding that the facts established criminal conspiracy rather than a mere civil dispute.
Prayer for anticipatory bail of the petitioners rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 6698 of 2020
Arising Out of PS. Case No.-369 Year-2019 Thana- SARAIYA District- Muzaffarpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhay Shankar Singh, Adv For the Opposite Party/s : Mr. Rajesh Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
6 09-04-2021 Heard learned counsel for the parties.
The Petitioner seeks bail in Saraiya (Janitpur O.P.) P.S.
Case No. 369 of 2019 registered for the offence punishable under Section 406 and 420 of the Indian Penal Code and Section 138 of the N.I. Act.
Informant in his written complaint has alleged that at about 7:00 am on 05.06.2019, Dhiraj Kumar (petitioner no. 3) alongwith with 3-4 unknown persons came to his house and
Patna High Court CR. MISC. No. 6698 of 2020(6) dt.09-04-2021 2/3
abused and threatened of dire consequences. He further disclosed that his mother (petitioner no. 1) Usha Devi took Rs. 13,40,000/- to execute sale deed with regard to her house but later on refused to execute sale deed. Consequently, Usha Devi gave a cheque bearing no. 583056, on 10.05.2019 for returning the above amount which was dishonoured by Bank on 13.05.2019 for which he sent a legal notice by his Advocate and due to which the accused persons namely Dhiraj Kumar (petitioner no. 3), Usha Devi(petitioner no.1) and Raj Kishore Prasad Singh (petitioner no. 2) threatened him with an intention to grab his money.
It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to animosity. Dispute is of civil nature and no criminal offence is made out.
Considering the fact that this case is of cheating and deceitfully keeping money and the petitioners (father, mother & son) by hatching conspiracy took huge amount from the Informant on the pretext of selling her house and later on refused to execute sale deed and deceitfully kept the entire money and cheque issued for refund of said amount was dishonoured by the bank, I am not inclined to enlarge the
Patna High Court CR. MISC. No. 6698 of 2020(6) dt.09-04-2021 3/3
petitioners on anticipatory bail.
Hence, the prayer for anticipatory bail of the
petitioners is hereby rejected.
(S. Kumar, J)
ranjan/-
U
2 issues framed by the court
Whether the petitioners entitled to anticipatory bail in a cheating and cheque dishonour case.
Whether the dispute is of civil nature or involves criminal conspiracy.
3 provisions across 2 enactments
Raj Kishore Prasad Singh @ Raj Kishore Prasad Sinha
Usha Devi @ Usha Kumari
Dhiraj Kumar @ Kumar Dhiraj Vajsyayana
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
