Shri Bhagwan Singh @ Bhagwan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16757 of 2025 Arising Out of PS. Case No.-1199 Year-2022 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Shri Bhagwan Singh @ Bhagwan Singh S/O Late Kapildeo Singh R/O Village-Damodarpur, P.S.-Kargahar, District- Rohtas. ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Ram Surat Singh S/O Late Ram Byas Singh R/O Village- Dumara, P.OBaraki Mahuli, P.S- Karagahar. District-Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Choubey For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-08-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Complaint Case No.1199 / 2022 dated 06.12.2022 registered under Sections 420, 406 , 409, 467, 468, 471, 472, 120(B) of the I.P.C.
3. As per the allegation made in the complaint petition the complainant took policy of L.I.C at the instance of the petitioner having policy no. 512521443 in 2006 and when the complainant in the year 2017 enquired about the status of aforesaid policy from the office of L.I.C. it came to his knowledge that on 29.05.2013 a loan of Rs. 2,73,250/- was taken against that policy. The complainant was surprised to know that loan has
2/4 been taken on the policy and upon enquiry the complainant came to know that loan against the policy was taken through Bank of Baroda A/C No. 12060100003165 in the name of Ram Surat Singh (i.e. complainant) through NEFT. Upon inquiry from the Bank of Baroda, Sasaram Branch on 30.09.2021 the complainant came to know that a joint account in the name of Surendra Singh, C/o Shri Bhagwan Singh, Pravawati Devi and Ram Surat Singh was opened in the bank in connivance with Branch Manager and other employees of L.I.C. and loan amount was transferred in the said account.
4. Learned counsel for the petitioner submits that the matter was referred for mediation vide order dt. 19.04.2025 of this Hon'ble Court. The complainant had taken a loan of Rs. 1,00,400/- from the petitioner and after demand the complainant refused to return the same and lodged false and fabricated complaint against the petitioner however the matter was compromised between the complainant and the petitioner and the petitioner offered to pay Rs. 6,00,000/- as full and final settlement amount to opposite party no. 2 which the opposite party no. 2 has accepted and gave his consent. Accordingly a joint compromise petition before the learned Mediator has been prepared having terms and condition of settlement and signature
3/4 of both complainant and petitioner upon it is dated 11.07.2025.
5. Learned counsel for the petitioner submits that petitioner shall abide by the terms and condition of settlement arrived at before the learned Mediator dated 11.07.2025. A sum of Rs. 50,000/- and interest amount of Rs. 14,000/- was to be paid from July, 2025 as per the terms and conditions of compromise which could not be paid due to bereavement in the family of the petitioner and the petitioner shall pay the aforesaid amount from this month and shall continue to pay the same as per installment fixed in the compromise petition.
6. Regard being had to the submission made by the parties, taking into consideration the fact that matter has been settled in mediation and terms and conditions of settlement has been agreed upon by the parties dated 11.07.2025, accordingly, I am inclined to grant anticipatory bail to the petitioner subject to the condition that he shall fully abide by the terms and conditions of the compromise arrived at before the learned Mediator dated 11.07.2025.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
4/4 two sureties of the like amount each to the satisfaction of Sri Amit Kumar Pandey J.M. 1st Rohtas at Sasaram in connection with Complaint Case No. 1199 / 2022 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. (Anil Kumar Sinha, J) praful/- U T