Patna High Court
Rakesh Kumar @ Rakesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted provisional anticipatory bail to the petitioners, subject to payment conditions and compliance with Section 438(2) of the CrPC.
Summary
The petitioners, Rakesh Kumar and his wife Khusboo Singh, faced arrest in a complaint (No. 1397 of 2024) alleging cheating of Rs. 15 lakh and a bounced cheque under Section 318(4) of the Bharatiya Nyaya Sanhita and Section 138 of the Negotiable Instruments Act. They offered to pay Rs. 10,85,000 to the complainant within a month, an offer accepted by the complainant. The High Court, after hearing counsel, granted provisional anticipatory bail subject to the petitioners furnishing bail bonds and two sureties of Rs. 10,000 each, and producing demand drafts of Rs. 2 lakh within two weeks and Rs. 9 lakh within the subsequent two weeks. The demand drafts, once deposited, would be released to the complainant, and the bail would be confirmed upon compliance. The order was issued under the conditions of Section 438(2) of the Code of Criminal Procedure, 1973.
Issues considered
- What is the appropriateness of granting anticipatory bail in a case involving alleged cheating and cheque bounce under the Bharatiya Nyaya Sanhita and the Negotiable Instruments Act?
- Can anticipatory bail be conditioned upon the petitioners' payment of the claimed dues through demand drafts?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Negotiable Instruments Act — s. 138
Subjects
- anticipatory bail
- cheating
- cheque bounce
- provisional bail
- payment conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75873 of 2025
Arising Out of PS. Case No.-1397 Year-2024 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
1. Rakesh Kumar @ Rakesh Kumar Singh Son of Kamdeo Singh R/o Vill -
Belma, P.O. - Nagariyawan, P.S. - Khizersarai. presently residing at Kamdeo
Singh Bhawan(Belma Niwas) House no. GE0022143 Vishnu Bihar Near
Jagjivan College, P.O. - Buniyadganj, P.S. - Muffasil, Dist. - Gaya, 823003.
2. Khusboo Singh W/o Rakesh Kumar R/o Vill - Belma, P.O. - Nagariyawan,
P.S. - Khizersarai. presently residing at Kamdeo Singh Bhawan(Belma
Niwas) House no. GE0022143 Vishnu Bihar Near Jagjivan College, P.O. -
Buniyadganj, P.S. - Muffasil, Dist. - Gaya, 823003.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rinki Devi W/o Rakesh Ranjan R/o Village - Bairka, P.O. - Bairka, P.S. -
Gehlor, Dist. - Gaya.
3. Rinki Devi Wife of Rakesh Ranjan R/o Vill. - Bairka, P.O. - Bairka, P.S.-
Gehlor, Dist. - Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar, Advocate
For the State : Mr.Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Complaint Case No. 1397 of 2024 instituted under
Sections 318(4) of the Bharatiya Nyaya Sanhita and Section
138 of the NI Act.
3. The petitioners are accused of cheating the
complainant of Rs. 15 lakhs, the amount for which the cheque
Patna High Court CR. MISC. No.75873 of 2025(3) dt.12-03-2026
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has bounced.
4. Learned counsel for the petitioners, on instruction
from the petitioners has submitted that the petitioners are ready
to pay the admitted dues of Rs. 10,85,000/- to the opposite
party no. 2/complainant within one month from today.
5. Learned counsel for the opposite party no. 2 has
no objection to the offer made by the petitioners.
6. In view of the above, this application is allowed.
7. Let the petitioners, above named, in the event of
arrest or surrender before the Court below within four weeks
from today, be released on provisional anticipatory bail upon
furnishing bail bonds of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate, 1st Class, Gaya/ concerned Court in
connection with Complaint Case No. 1397 of 2024, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973.
8. This is subject to the condition that at the time of
surrender, the petitioners will produce a demand draft of Rs. 2
lakhs issued in favour of the complainant within two weeks. If
such demand draft is produced in the Court below within the
stipulated time, their bail bonds shall be accepted. Thereafter,
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within next two weeks, the petitioners shall produce a demand
draft of Rs. 9 lakhs in favour of the complainant in the Court
below. If such demand drafts are produced in the Court below,
the Court below will confirm the provisional anticipatory bail
granted to the petitioners.
9. The demand draft as and when deposited in the
Court below shall be released in favour of the complainant.
(Sandeep Kumar, J)
P. Kumar
U T
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