Arun Singh Yadav @ Arun Rai v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2216 of 2019 Arising Out of PS. Case No.-349 Year-2018 Thana- DANAPUR District- Patna ====================================================== Arun Singh Yadav @ Arun Rai, son of Late Yogendra Rai, Resident of Naya Tola, Saguna, P.S. - Danapur, Distt.- Patna.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Geeta Devi, wife of Sri Jai Bahadur Singh, R/o Vill. and P.o. - Chamarpur, P.S. - Shahpur, Distt.- Patna, at present residing in house No. 533, c/o Banarasi Singh, Shaguna More, P.O & P.S. - Danapur, Distt.- Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad (App 92) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-03-2019 Petitioner seeks bail in anticipation of his arrest in connection with Danapur P.S. Case No. 349 of 2018, registered for the offences punishable under Sections 420, 406, 467, 468, 471, 120B and 34 of the Indian Penal Code.

Allegation against the petitioner is that he has taken an amount of Rs.13,50,000/- as advance from the informant for selling a land to her measuring 1 katha 3 dhurs and 16 dhurki and later on she came to know that the land is not of the petitioner and he is not returning the money back to the informant.

Submission of learned counsel for the petitioner is that he is ready to compromise the matter by returning the said amount to her if some reasonable time is given to him.

Heard learned APP and learned counsel for the informant.

Patna High Court CR. MISC. No.2216 of 2019(3) dt.08-03-2019 2/2 Learned counsel for the informant has submitted that he has no objection if the amount is returned to the informant. Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioner to surrender in the court below within a period of eight weeks with a Bank Draft of Rs.4.5 lakhs payable to the informant and once the same is deposited, the petitioner shall be released on provisional bail for a period of four months to the satisfaction of the court below and during that period petitioner shall deposit the rest of the amount in two equal instalments through Bank Draft of Rs.4.

5 lakhs each in favour of the informant and once the total amount is deposited, the bail bond of the petitioner shall be confirmed, which will be subject to the result of the case and on failure to pay any of the instalments, his bail bond shall be cancelled. It is made clear that if any petition is filed by the informant for releasing the amount in her favour, the same may be released in favour of the informant and that will be subject to the result of the case.