Raj Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1259 of 2015 Arising Out of PS.Case No. -1286 Year- 2012 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Raj Kumar Singh Son of Late Moti Singh, Resident of Mohalla - Dan Nagar, Ward No. 03 P.S. and District - Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shyam Sundar Singh S/o Chandradeo Singh, Resident of Village - Ram Chandra, P.S. - Muffasil, District - Khagaria. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 04-08-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 120B, 323, 420 and 504 of the Indian Penal Code.
The prosecution case is that on pretext of carrying business the petitioner and others took Rs.2,54,000/- from the complainant on assurance to return the same within 2-3
Patna High Court Cr.Misc. No.1259 of 2015 (4) dt.04-08-2015 2/3 months, but the same was not returned to the complainant. The notices were issued to the opposite party no. 2 vide order dated 13.01.2015 and subsequently the matter was referred to the Mediation Centre on the joint prayer of the parties vide order dated 08.05.2015. The report of the Mediator dated 24.07.2015 reflects that the matter has been settled between the parties on payment of Rs. Two lakhs. Neither the complainant appeared before the Mediation nor is appearing before this Court today, but learned counsel for the complainant submits that the issue has been settled and the report of the Mediator was prepared on the basis of compromise.
Considering the report of the Mediator, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Khagaria in connection with Complaint Case No. 1286C of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Let the report of the Mediator be
Patna High Court Cr.Misc. No.1259 of 2015 (4) dt.04-08-2015 3/3 transmitted to the learned court below along with the order of this Court.
(Dinesh Kumar Singh, J) DKS/- U T