Case Facts:
Patna High Court Cr.Misc. No.9599 of 2012 (3) dt.08-05-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9599 of 2012 ====================================================== Ram Baran Kumar @ Ram Baran, son of Indradeo Pd. Resident of Village- Beninagar, Police Station- Dumaria, District- Gaya. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 08-05-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Dawath P.S. Case No. 80 of 2011, registered under [STATUTE] . It is alleged that husband of the informant went to Balliya for installation of Tower and was kidnapped. Thereafter, one Nikhil Kumar contacted the informant on mobile of her cousin Devar for depositing Rs. 50,000/- in the bank account of her husband. Her husband also told her to deposit the aforesaid amount otherwise they will not set him free. It is further alleged that earlier her husband had contact with Nikhil Kumar, Rakesh Kumar, Lal Babu Tiwary, Akhilesh Kumar and Ram Baran. One Lal Babu Tiwari gave a cheque of Rs. 13,00,000/- to her husband which was bounced. The only material is some money transaction from account of petitioner and the accused and the victim and Patna High Court Cr.Misc. No.9599 of 2012 (3) dt.08-05-2012 money deposited in account of victim on 08. 10. 2011 was taken out by A.T.M. but there is no evidence who took the amount. Learned counsel for the petitioner submits that there is nothing against the petitioner. From the case diary only material against the petitioner is that there is some transactions between the petitioner and the victim. In para 57 and 205 of the case diary there is mentioned that some money has been sent from the account of the victim to the account of Akhilesh Kumar. However, those transactions were made on 23. 03. 2011 much prior to the alleged occurrence dated 20. 09. 2011, when the husband of the informant went to Balliya. However, except some transactions from the Bank account of the petitioner there is no material regarding kidnapping. The petitioner is in jail custody since 24. 11. 2011 and there is no criminal antecedent against the petitioner. Learned counsel for the State however contends that the case is still at the stage of investigation and charge sheet has been submitted against the petitioner. Having regard to the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bikramganj at Rohtas, in connection with Dawath P.S. Case No. Patna High Court Cr.Misc. No.9599 of 2012 (3) dt.08-05-2012 80 of 2011, subject to condition that petitioner shall appear to receive police paper and petitioner shall also appear after framing of the charge on each and every date fixed in this case and any absence of the petitioner shall be subject to satisfaction of the court below on reasonable ground. m.p. (Gopal Prasad, 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.