Vishwanath Mahto v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9082 of 2019 Arising Out of PS. Case No.-777 Year-2011 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Vishwanath mahto Son of late Ram Ratan Mahto @ Ratan Mahto Resident of Village - Godhana, P.S. Bachhwara, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shiv Shankar Rai Son of late Shivnanadan Rai Resident of Village - Godhana, P.S. Bachhwara, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 777C of 2011, disclosing offences under Sections 406, 418, 420 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he has taken money from the complainant and issued cheque, but the same has bounced and further allegation against the petitioner is of threatening the complainant.

It appears from the order dated 15.02.2019 that the petitioner has undertakes to pay a sum of Rs.6,80,000/- to the complainant so as to finally compromise the entire dispute. Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.9082 of 2019(3) dt.23-04-2019 2/2 that he is ready to pay the amount, but the case be withdrawn. Heard learned counsel for opposite party no.2 also. Having heard both sides, in view of the facts and circumstances of the case as stated above, this application is disposed of with a direction to the petitioner to appear before the court below on 15.05.2019 along with a bank draft of Rs.6,80,000/- drawn in favour of opposite party no.2 and once it is handed over to the opposite party no.2, the provisional bail granted to the petitioner vide order dated 15.02.2019 shall be confirmed, otherwise, the learned court below is free to pass any order or orders as he deems fit and proper.

It is expected that once the payment is made, the opposite party no.2 shall move for withdrawal of the case against the petitioner.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T