Jitendra Kumar Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14715 of 2019 Arising Out of PS. Case No.-975 Year-2018 Thana- SONEPUR District- Saran ====================================================== Jitendra Kumar Chaudhari Son of Late Chandradeep Chaudhari Resident of Village- Barbatta, P.S.- Sonepur, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Mukesh Kumar Singh, Advocate For the State :

Mr.Anand Mohan Prasad Mehta, APP For the Informant :

Mr. Shakil Ahmad Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case registered under Sections 420, 379 of the Indian Penal Code and Sections 66, 66(C) of the Information and Technology Act.

Allegation is that two unknown persons withdrew Rs.1,66,000/- from the A.T.M. of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.12.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.14715 of 2019(3) dt.22-04-2019 2/3 against the petitioner. The petitioner has been made accused due to mistake of fact.

In paragraph 2 of the supplementary affidavit, the following statement has been made on behalf of the petitioner : "That pursuant to the direction of Hon'ble Court, the petitioner is ready to pay Rs.83,000/- (eighty three thousand) which is half of total amount Rs.1,66,000/- to the informant within one week after communication of Hon'ble Court's order before the court below if the aforesaid case closed against him."

It has further been submitted on behalf of the petitioner that he will comply with the statement made in paragraph 2 of the supplementary affidavit. Thereafter, the counsel for the informant and counsel for the petitioner shall take necessary steps to drop the proceeding against the petitioner. Counsel for the informant has no objection to the proposal made by the counsel for the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid submissions, let the petitioner, above named, is directed to pay Rs.83,000/- to the informant within a period of one month. On doing so, the petitioner be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.14715 of 2019(3) dt.22-04-2019 3/3 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I, Saran , Chapra in connection with Sonepur P.S. case No.975 of 2018. The parties will be at liberty to approach the court below for redressal of their grievance, as stated above. Once such application is made on behalf of the parties, the court below shall take necessary steps to drop the proceeding and pass an appropriate order in accordance with law.

(Sudhir Singh, J) Narendra/- U T