Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7269 of 2019 Arising Out of PS. Case No.-3371 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RAVI KUMAR, son of Shri Surendra Kewat, Resident of Village - Rampur, P.S. Gourichak, Dist. Patna ... ... Petitioner

Versus

1. The State of Bihar

2. Dinesh Kumar, son of Ram Narain Singh, resident of village Hulukpur, P.S. Beur, Dist. Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Puspanjali Sharma For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 3371(C) of 2015, in which cognizance has been taken under Section 406 IPC. Allegation against the petitioner is that he has taken a loan of Rs.3.5 lac from the complainant and again on 11.7.2012 he has taken Rs.3.33 lac from the complainant and an agreement was made between the parties on assurance that he will return the money within two months but the petitioner and other accused persons did not return the money.

Submission of learned counsel for the petitioner is that he is ready to return the money if some reasonable time is granted to him.

Patna High Court CR. MISC. No.7269 of 2019(4) dt.01-05-2019 2/3 Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail of the petitioner.

Having heard both sides and in the facts and circumstances, as stated above, the petitioner is directed to surrender within a period of six weeks from the receipt of this order with a Bank Draft of Rs.83,000/- in favour of opposite party No.2 and on that he shall be released on provisional bail for a period of five months on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Smt. Madhvi Singh, Judicial Magistrate, 1st class, Patna, in connection with complaint case No.

3371(C) of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner shall deposit rest of the amount of Rs.2.5 lac in five equal instalments by Bank Drafts in favour of the opposite party No.2, each of Rs.50,000/- per month to be deposited in the first week of every month.

Patna High Court CR. MISC. No.7269 of 2019(4) dt.01-05-2019 3/3 cancelled. It is made clear that once the total amount is deposited, his bail bond shall be confirmed by the court below itself and the aforesaid payment will be the subject to the result of the case.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T