Basropan Dhanuk v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3677 of 2022 Arising Out of PS. Case No.-176 Year-2021 Thana- BIHIA District- Bhojpur ====================================================== BASROPAN DHANUK Sonof Late Shivdhani Dhanuk Resident of Village - Ghagha, P.s.- Bihiya, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Rina Sinha For the State :

Mr. Md. Matloob Rab For the O.P. No.2 : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 406, 420, 504, 506/34 of the Indian Penal Code.

As per prosecution case, this petitioner took Rs. 6,73,300/- from the informant for selling his land, but neither he executed sale-deed in his favour nor returned the money. By filing supplementary affidavit, it is submitted on behalf of petitioner that petitioner is ready to refund Rs. 3,00,000/- (three lacs ) in six installments to the informant. This submission has been made in paragraph - 4 of the supplementary affidavit. In the light of above submission, he makes a prayer for grant of anticipatory bail to the petitioner. Learned counsel for the informant/O.P.-2 does not

Patna High Court CR. MISC. No.3677 of 2022(5) dt.24-11-2022 2/2 oppose the prayer for anticipatory bail.

Accordingly, let the above named petitioner, in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate - I, Bhojpur, Ara in connection with Bihiya P.S. Case No. 176 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition the petitioner shall refund Rs. 50,000/- (fifty thousand) through Bank Draft to the informant at the time of furnishing bail-bond and rest amount i.e. Rs. 2,50,000/- (two lacs & fifty thousand) in five installments shall be refunded through Bank Draft to the informant within a period of one year from the date of furnishing bail-bond, failing which, the learned court below would be at liberty to cancel the bail-bond. The said deposit shall be subject to the final outcome of the case. (Prabhat Kumar Singh, J) BKS/- U T