IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25537 of 2009 RAM CHANDRA DAS, S/o Ramashray Das, resident of village – Baropur, P.S. Bidupur, District – Vaishali. ….. Petitioner. Versus THE STATE OF BIHAR ….. Opp. Party. ----------- 02/ 16.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 406, 420, 504 of the IPC and Section 138 of the Negotiable Instruments Act. As per the allegation in the complaint the complainant had paid Rs.95,000/- to the petitioner and his brother for investing in a business on the promise by them to share the profit of the business with the complainant. Petitioner and his brother defaulted and on much persuasion two cheques of Rs.30,000/ was handed over to the complainant and later on, a draft of Rs.30,000/- was also handed over to the complainant towards refund of the amount invested by the complainant. The draft was credited in the account of the complainant but the two cheques bounced on account of insufficient fund. When the complainant contacted the accused persons he was abused and assaulted. Ultimately, complainant filed this complaint. Learned counsel for the petitioner submits that the - 2 - petitioner is ready to refund Rs.60,000/- to the complainant covered by the two cheques which have bounced. However, since the father of the petitioner has died recently and he has to perform Shradh ceremony which will involved expenditure of considerable amount, he prays that some instalments may be fixed for payment of the said amount to the complainant. Considering the submissions of the learned counsel for the petitioner, this Court directs the learned court below to enlarge the petitioner Ram Chandra Das on provisional bail for one month from the date of his release on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of First Class Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 2296 of 2003/ Trial No. 1288 of 2006. Before expiry of one month petitioner shall produce a receipt and file an affidavit before the learned court below with regard to payment of first instalment of the amount to the tune of Rs.20,000/- to the complainant. If such money receipt with an affidavit is filed by the petitioner before the learned court below within one month from the date of his - 3 - release, the learned court below shall extend the provisional bail for another month. Before expiry of the such extension the petitioner shall again file another money receipt of Rs.20,000/- with an affidavit before the learned court below. If he files the money receipt and the affidavit before expiry of the second extended period, the learned court below shall further extend the provisional bail of the petitioner for another month. Before the expiry of the second extension if the petitioner files another money receipt of Rs.20,000/- and an affidavit of payment of the amount to the complainant, the learned court below shall confirm his bail. In case at any occasion the petitioner defaults in producing that money receipt and the affidavit before the learned court below, the learned court below will be at liberty to cancel the bail bond of the petitioner and take steps for his arrest. This application is, thus, disposed of. (J. N. Singh, J.) DKS/