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Patna High CourtCR. MISC./4769/2016bail granted

Rajeev Kumar Singh @ Rajeev Singh And ANR v. State Of Bihar And ANR

2016-12-15Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4769 of 2016 Arising Out of PS.Case No. -248 Year- 2015 Thana -MANJHI District- SARAN ======================================================

1. Rajeev Kumar Singh @ Rajeev Singh, Son of Sri Akhileshwar Singh

2. Akhilesh Singh @ Akhileshwar Singh, Son of Late Shivjee Singh Both Resident of Village - Cheful, P.S. - Manjhi, District - Saran at Chapra (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Prabalika Dubey, Daughter of Baidyanath Dubey, Resident of Village - Bharhopur, P.S. - Ekma, District - Saran at Chapra (Bihar). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Kumar, Advocate For the S t a t e : Mr. Sanjay Kumar Tiwary(APP) For O.P. No.2 : Mr. Rajesh Roy, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner no.1 and the learned counsel appearing on behalf of O.P. No.2 as well as the learned counsel for the State.

Petitioner No.1, Rajeev Kumar Singh @ Rajeev Singh, is apprehending his arrest in connection with Manjhi P.S. Case No.248 of 2015 for allegedly having committed the offence under Sections 406, 420, 120B of the Indian Penal Code and Section 27 of the Arms Act.

On 17.10.2016, the learned counsel for the petitioner had submitted that his client is willing to pay the due money to the complainant to the tune of Rs.10,25,000/-

Patna High Court Cr.Misc. No.4769 of 2016 (15) dt.15-12-2016 2/3 (Ten lacs twenty five thousand), but he will contest the rest amount of Rs.2,25,000/- (Two lacs twenty five thousand) as the total claim is of Rs.12,25,000/- (Twelve lacs twenty five thousand). In order to prove his bona fide, Petitioner No.1 has produced a Bank draft dated 21.11.2016 for Rs.5,00,000/- (Five lacs) issued by the State Bank of India, Tajpur Branch, in favour of O.P. No.2, which is being handed over to the learned counsel appearing for O.P. No.2, namely, Shri Rajesh Roy, Advocate. A photo copy of the said Bank draft is being kept on the record. It is further submitted that the rest amount of Rs.5,00,000/- (Five lacs) will be paid by petitioner No.1 within a period of four months from today.

In view of such submissions advanced by the learned counsel for petitioner no.1 and not resisted by the learned counsel appearing on behalf of O.P. No.2, let Petitioner No.1, Rajeev Kumar Singh @ Rajeev Singh, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Saran at Chapra, in connection

Patna High Court Cr.Misc. No.4769 of 2016 (15) dt.15-12-2016 3/3 with Manjhi P.S. Case No.248 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T