Kunal @ K. Sankrityayan v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6489 of 2019 Arising Out of PS. Case No.-2107 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== KUNAL @ K. SANKRITYAYAN, son of Madan Singh, Resident of MohallaSri Krishna Nagar, (Dayal Kunj), P.S. Motihari Town, Dist. East Champaran ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Sanjay Kishore Singh, son of Late Shashi Kishore Singh, Resident of Mohalla - Sri Krishna Nagar, P.S. Motihari Town, East Champaran ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 2107 of 2017, corresponding to Trial No. 1707 of 2018, lodged for the offences punishable under Sections 420 and 406 of the Indian Penal Code and Section 138 of N.I. Act.

Allegation as per complaint petition is that petitioner has taken Rs.18 lac from the complainant on the condition that he will return the same within one year but after one year money was not returned and when the complainant demanded the same a cheque of ICICI Bank for Rs.9 lac was given to the complainant which was also dishonoured.

After appearance of opposite party No.2 the matter was referred to the Mediation Centre vide order dated 5.2.2019 and now

Patna High Court CR. MISC. No.6489 of 2019(3) dt.30-04-2019 2/2 the report of Mediation Centre is available, which disclosed that the dispute between the parties has been settled through the process of mediation and the terms of the settlement have been agreed by the parties, which is attached with the report. As per terms of the agreement petitioner has to deposit a Demand Draft for Rs.5 lacon 30.4.2019 and rest of the amount has to be paid within a period of two months positively by 25.6.2019.

In such view of the matter, this application is disposed of with a direction to the petitioner to surrender within a period of four weeks from the receipt of this order before the court below and produce Demand Draft as agreed upon by the petitioner and on production of the same he will be released on provisional bail till 25.6.2019 and in the meantime he will deposit rest of the amount. Once the total amount is deposited, learned court below shall confirm the bail bond of the petitioner, otherwise the court below is free to pass any other order(s) as it may deem fit and proper. Let a copy of the report of Mediation Centre along with the memorandum of agreement be sent to the court concerned for needful and both the parties will abide by the terms of the agreement. (Vinod Kumar Sinha, J) spal/- U T