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Patna High CourtCR. MISC./35103/2015disposed

Tunna Prasad v. The State Of Bihar

2015-09-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35103 of 2015 Arising Out of PS.Case No. -170 Year- 2014 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Tunna Prasad Son of Raghubir Prasad, Resident of Village + P.S. - Pakardeyal, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420 and 386 of the Indian Penal Code.

It is alleged that the petitioner received altogether rupees six lacs for getting a sale deed registered in favour of the informant with regard to a land, but neither the money was returned nor the sale deed was executed.

It is submitted by the learned counsel for the petitioner that the issues have been settled between the parties and a compromise petition has been filed before the learned court below. The same has been brought on record by way of supplementary affidavit.

Patna High Court Cr.Misc. No.35103 of 2015 (4) dt.22-09-2015 Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for four month in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahna at Motihari, East Champaran, in connection with Pakaridayal P.S. Case No. 170 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

Let, the learned court below confirm the factum of compromise and if it is found true the provisional bail of the petitioner will be confirmed by the learned court below and if it is not found true, then the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) P.K./- U T