Case Facts:
Patna High Court Cr.Misc. No.22565 of 2012 (2) dt.14-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22565 of 2012 ====================================================== 1. Rameshwar Prasad Gupta S/O Late Munshi Sah Resident Of Village- Nokha Ward No. 9, P.S- Nokha, District- Rohtas, Proprietor Aditya Photostat, Gola Road, Near Krishnajee Rice Mills, Nokha, District- Rohtas At Sasaram. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-06-2012 Heard learned counsels for the petitioner, State and the complainant. The petitioner apprehends his arrest in connection with a case in which cognizance has been taken for the offence punishable under [STATUTE] and section 138 of the Negotiable Instruments Act. It is contended that there is no allegation of inducement on the part of the petitioner and, thus ingredients of offence punishable under [STATUTE] is not attracted and section 138 of the Negotiable Instruments Act is bailable in nature. It is also submitted that from the complaint it would transpire that the cheque issued by the petitioner got dishonoured on 13.8.2011 and the present case has been instituted on 15.12.2011. Patna High Court Cr.Misc. No.22565 of 2012 (2) dt.14-06-2012 Be that as it may, considering the nature of allegation, facts and circumstances of the case, let the petitioner named above in the event of arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Complaint Case No.1491 of 2011 subject to the conditions as laid down under section 438(2) Cr.P.C. and also subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State/complainant to make an Patna High Court Cr.Misc. No.22565 of 2012 (2) dt.14-06-2012 appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 420

Statute Text:
Section 420 of the Indian Penal Code. Cheating and there by dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.