Case Facts:
1/2 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27663 of 2012 ====================================================== Madhusudan Pandit .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 06-08-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which cognizance has been taken under [STATUTE] . It is alleged that it was agreed between the complainant and the petitioner to start a community radio station at Siwan when Rs. 3,00,000/- were given by the complainant to the petitioner for construction and other works, subsequently the complainant demanded back his money but it was not returned. It is submitted by learned counsel for the petitioner that the agreement, made between the petitioner and the complainant, has been brought on record as Annexure-2, clause 7 of the same reflects that every transaction was to be done through the joint bank account when to a court question, the complainant refused to suggest that he has any proof with regard to payment which alleged to have been made through cash to the petitioner. A statement has Patna High Court Cr.Misc. No.27663 of 2012 (2) dt.06-08-2012 2/2 been made in para 13 of the petition that the petitioner has no criminal antecedent. Considering the nature of accusation arising out of contractual relationship between the parties, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj in connection with Complaint Case No. 721 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J)

Applicable IPC Section: 417

Statute Text:
Section 417 of the Indian Penal Code. Cheating. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.