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Patna High CourtCR. MISC./29510/2024allowed

Manju Devi v. The State Of Bihar

2024-07-19Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29510 of 2024 In CRIMINAL MISCELLANEOUS No.25876 of 2023 Arising Out of PS. Case No.-459 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

Manju Devi W/O Raju Mandal R/O Village- Vishwabhar Patti, P.SHathauri, Distt.- Muzaffarpur. 2.

Raju Mandal S/O Late Madri Mandal R/O Village- Vishwabhar Patti, P.SHathauri, Distt.- Muzaffarpur. 3.

Mukund Kumar S/O Raju Mandal R/O Village- Vishwabhar Patti, P.SHathauri, Distt.- Muzaffarpur. 4.

Rupesh Kumar S/O Raju Mandal R/O Village- Vishwabhar Patti, P.SHathauri, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR BIHAR 2.

DILIP KUMAR S/O JAWAHARLAL RAI R/O VILLAGE- RASULPUR WAJID, P.S- AHIYAPUR, DISTT.- MUZAFFARPUR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the informant : Mr. Suman Kumar Singh, Adv. For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State.

2. The present application has been filed on behalf of the petitioners for modification of the order dated 22.02.2024 passed in Cr. Misc. No. 25876 of 2023 with Cr. Misc. No. 28835 of 2023 by which the petitioners were granted anticipatory bail by a Bench of this Court on the statement made in paragraph no. 02 of the supplementary affidavit filed on behalf of the petitioners, Manju

Patna High Court CR. MISC. No.29510 of 2024(3) dt.19-07-2024 2/3 Devi and Raju Mandal that they are ready to return Rs. 12,00,000/- (Rs. Twelve Lacs) to Dilip Kumar Opposite Party No. 02. Out of Rs. 12,00,000/- (Rs. Twelve Lacs), the petitioner Raju Mandal handed over a cheque bearing no. 094857 dated 23.02.2024 issued by the Bank of India, Hathouri Branch, Muzaffarpur amounting to Rs. 3,00,000/- (Rs. Three Lacs) to the Opposite Party No. 02 Dilip Kumar in the Court in presence of their learned counsels and the petitioners, Manju Devi and Raju Mandal undertook that the remaining amount Rs. 9,00,000/- (Rs. Nine Lacs) will be paid to the Opposite Party No. 02 Dilip Kumar within a period of six months through Demand Draft.

3. It has been submitted by learned counsel for the petitioners that when the said cheque bearing no. 094857 dated 23.02.2024 duly signed by the petitioner Manju Devi was presented before the bank which was not honoured as the signature of the petitioner, Manju Devi was mismatched. It is further submitted that now the petitioners Manju Devi and Raju Mandal are ready to return 12,00,000/- (Rs. Twelve Lacs) to the Opposite Party No. 02 Dilip Kumar. Out of Rs. 12,00,000/- (Rs. Twelve Lacs) the petitioner Raju Mandal has handed over a Demand Draft bearing no. 015023 dated 16.07.2024 issued by the Bank of India amounting to Rs. 6,00,000/- (Rs. Six Lacs) to the Opposite Party No. 02 Dilip Kumar in the court in presence of their learned counsels and the petitioners, Manju Devi and Raju Mandal undertake that the remaining amount of Rs.

Patna High Court CR. MISC. No.29510 of 2024(3) dt.19-07-2024 3/3 6,00,000/- (Rs. Six Lacs) will be paid to the opposite party no. 2 Dilip Kumar within a period of three months in equal installments by way of Demand Draft.

4. Considering the aforesaid facts and circumstances of the case and the fact that the petitioners Manju Devi and Raju Mandal are ready to return Rs. 12,00,000/- (Rs. Twelve Lacs), by way Demand Draft to the Opposite Party No. 02 Dilip Kumar and out of Rs. 12,00,000/- (Rs. Twelve Lacs), the petitioner Raju Mandal was handed over a Demand Draft of Rs. 6,00,000/- (Rs. Six Lacs) to the Opposite Party No. 02 Dilip Kumar in the Court in presence of their counsels and the petitioners, Manju Devi and Raju Mandal undertake that the remaining amount Rs. 6,00,000/- (Six Lacs) will be paid to the Opposite Party No. 02 Dilip Kumar within a period of three months in equal installments through Demand Draft, the present modification application is allowed.

(Chandra Prakash Singh, J) Gautam/- U T