Priya Kumari @ Priya Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24862 of 2023 Arising Out of PS. Case No.-200 Year-2022 Thana- DANAPUR District- Patna ====================================================== 1.
Priya Kumari @ Priya Mishra Wife of Prabhat Kumar Ranjan @ Uday Samrat @ Udai Samrat R/O- Vaidehi Apartment, Jagdeo Path, PS- Rupaspur Dist- Patna 2.
Prabhat Kumar Ranjan @ Uday Samrat @ Udai Samrat Son of Late Chandradev Yadav @ Chandradev Prasad Sngh R/O- Vaidehi Apartment, Jagdeo Path, PS- Rupaspur Dist- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Arun Kumar Lal Son of Late Vasant Lal R/o Flat No. 3SFB-2/4 Bahardurpur housing colony Bhootnath Road, PS- Agamkuan Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhukar Anand, Adv.
For the State :
Mr. Raj Ballabh Singh, APP For the O.P. No. 2 :
Mr. Suresh Pd Singh No.1, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-01-2025 Mr. Madhukar Anand, learned counsel appearing for the petitioners submits that the petitioners were granted the relief of provisional bail vide order dated 19.05.2023 on the condition of payment of Rs. 15,97,409/- which is said to be the actual amount of loss and payable by both the petitioners to the informant as per the direction of Real Estate Regulatory Authority (RERA) and thereafter, in different installments the major part of the said amount was paid by the petitioners to the O.P. No. 2 and the provisional bail period was extended accordingly from time to time and the balance amount of Rs.
Patna High Court CR. MISC. No.24862 of 2023(15) dt.17-01-2025 2/3 3,98,000/- is being paid to the O.P. No. 2 by way of demand draft No. '002112' being drawn in favour of O.P. No. 2 by handing over the same to learned counsel appearing for the O.P. No. 2 before this Court. It is prayed by petitioners' counsel that as the entire alleged dues amount has been paid by the petitioners, so, the relief of provisional bail granted to the petitioners may be confirmed.
2. Mr. Suresh Pd Singh No.1, learned counsel appearing for the O.P. No. 2 submits that though the dues amount of Rs. 15,97,409/- has been paid if the demand draft of Rs. 3,98,000/- which is handed over today is taken into account but the petitioners did not comply with the direction of this Court, particularly, with regard to the time period in which the alleged amount was to be paid by them.
3. Having considered the above submissions, the privilege of provisional bail granted to the petitioners vide order dated 19.05.2023 is hereby confirmed on the same bail bond which has been taken by learned trial court under the order dated 19.05.2023 of this Court and further, the condition No. (ii) imposed in the order dated 19.05.2023 shall remain in force during the trial, though the trial court will have a liberty to modify the said condition if in this regard a proper reason is
Patna High Court CR. MISC. No.24862 of 2023(15) dt.17-01-2025 3/3 shown by the petitioners then upon being satisfied with the stage of the case as well as other relevant facts, a proper order can be passed.
4. Accordingly, the instant criminal miscellaneous petition stands finally disposed of.
(Shailendra Singh, J) annu/- U T