Mukesh Lal v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6050 of 2019 Arising Out of PS. Case No.-102 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Mukesh Lal Late Pyare Lal Resident of Mohalla - Gajadharchak, Jhakhri Mahadev, near the Khatal of Sagar Ram, Police Station Danapur, Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinku Kumar Shambhu Prasad Resident of New Panchwati Nagar, Bhaththa Road, Near binda Ray ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat for the O.P. No. 2 :

Mr. Vishwa Mohan Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-09-2019 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 102 (C) of 2016, in which cognizance under Section 420 of the Indian Penal Code has been taken against the petitioner.

The allegation against the petitioner, as per the complaint, is that the petitioner took a sum of Rs. 1,55,000/- from the complainant on the promise that he will execute a sale deed of his share in a joint family house, situated at Danapur. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.6050 of 2019(3) dt.20-09-2019 2/3 fact of the matter is that a loan of Rs. 1,55,000/- was taken by the petitioner from the complainant, but due to unavoidable circumstance, he could not repay the amount in question, however, he is ready to refund the said amount to the complainant. He further submits that the petitioner, right now, has been suffering from lever cancer and he will refund the amount within a period of one year from today. The offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the complainant. Having regard to the above, let the petitioner, Mukesh Lal, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Judicial Magistrate, 1st Class, Danapur, in connection with Complaint Case No. 102 (C) of 2016, subject to the conditions (i) laid down under Section 438 (2) of the Code of Criminal Procedure, (ii) that a sum of Rs. 25,000/- shall be paid by the petitioner to the complainant within a period of four weeks from today and the petitioner, at the time of surrender, shall attach the proof of payment of a sum of Rs.

Patna High Court CR. MISC. No.6050 of 2019(3) dt.20-09-2019 3/3 amount positively within a period of one year from today in equal monthly instalments.

This application is allowed with the observations, as above.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √