Shyam Sundar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19397 of 2016 Arising Out of PS.Case No. -44 Year- 2015 Thana -DEODHA District- MADHUBANI ======================================================

1. Shyam Sundar Thakur, S/o Laxmeshwar Thakur, resident of villageDewdha, P.S.- Dewdha, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Opposite Party/s : Mr. Anil Pd. Singh, APP For the informant : Mr. Bimal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 7/ 20-02-2017 Heard learned counsel for the Petitioner and the State as well as learned counsel for the informant. The Petitioner apprehends his arrest in Dewdha P.S. Case No.44 of 2015 instituted for the offence under Section(s) 406, 420 Indian Penal Code and Section 138 of the Negotiable Instrument Act.

The petitioner by filing Supplementary Affidavit dated 11.01.2017 had stated that he will deposit rupees one lac twenty thousand in favour of the informant by Demand Draft during the course of day and rest amount shall be deposited in course of trial. The petitioner by order dated 12.01.2017 passed in the instant case was directed to honour his undertaking by 13.02.2017. In compliance of the aforesaid, the petitioner has brought Demand Draft of rupees one lac twenty thousand drawn

Patna High Court Cr.Misc. No.19397 of 2016 (7) dt.20-02-2017 2/3 in favour of the informant and the same is handed over to the counsel for the informant, which is accepted by him and in token of receipt of the same he has signed in the margin of the ordersheet. Counsel for the informant, however, submits that sometime may be fixed for the petitioner to make payment of remaining amount as the total amount is rupees four lacs. Counsel for the petitioner submits that he will make payment of the balance amount of rupees two lacs eighty thousand subject to final decision in the trial. In such circumstances, it is ordered that in the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dewdha P.S. Case No.44 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C.

The Trial Court is directed to expedite the trial of the case and make all effort to dispose of the same expeditiously. In the event, the trial is not concluded within nine months, the Informant will file necessary petition in the Court

Patna High Court Cr.Misc. No.19397 of 2016 (7) dt.20-02-2017 3/3 below with regard to payment of the balance amount to the informant by the petitioner.

(Sanjay Priya, J) JA/- U T