Ajay Kumar @ Ajay Prasad @ Karu @ Karu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6876 of 2020 Arising Out of PS. Case No.-5 Year-2019 Thana- CHHABILAPUR District- Nalanda ====================================================== AJAY KUMAR @ AJAY PRASAD @ KARU @ KARU MAHTO Son of Ramji Prasad Resident of Village - Jamalpur Kharjama, P.O. Goraur, P.S. - Chabilapur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Ranjan Sinha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Chabilapur P.S. Case No. 05 of 2019 instituted for the offence under Section(s) 420,406,504,506/34 of the Indian

Patna High Court CR. MISC. No.6876 of 2020(7) dt.03-09-2020 2/3 Penal Code.

Learned counsel for the petitioner submits that even as per allegation made in the F.I.R. out of the due amounts of about 72,170/- ( Seventy two thousand one hundred seventy), 20,000/- (Twenty thousand) has been paid by the petitioner. The criminal case has been lodged to coerce the petitioner to pay the alleged unjust demand of Rs. 50,170/- ( Fifty thousand one hundred and seventy), which, the petitioner is not liable to pay to the informant. The learned APP submits that whatever be the dues , the same should be paid by the petitioner .

Considering the rival submissions, this Court would direct the petitioner to surrender in the Court below i.e A.C.J.M.- V, Nalanda at Biharsharif, within a period of four weeks from today in connection with Chabilapur P.S. Case no. 05 of 2019. Without prejudice to the petitioner's right to contest the unjust demand raised in the instant proceedings, this Court would direct that he should submit a demand draft in the Court below for an amount of Rs. 25,000/-(Twenty five thousand). The Court below, on submission of such demand draft, may enlarge the petitioner

Patna High Court CR. MISC. No.6876 of 2020(7) dt.03-09-2020 3/3 on bail to its own satisfaction. The payment of the amounts to the informant shall be subject to the final outcome of the case or as may be agreed upon between the parties. The application stands disposed off.

(Madhuresh Prasad, J) shyambihari/- U T