Anwarul Haque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36667 of 2015 Arising Out of PS.Case No. -227 Year- 2015 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Anwarul Haque Son of Izhar Ahmad R/o village - Jamalpur, P.S. Jamalpur, District - Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar

2. Syed Amir Azam S/o Late Hussain Ahmad R/o Mohalla - G.N. Ganj, P.S. Laheriasarai, District - Darbhanga .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anjum Perveen For the Opposite Party/s : Mr. S.D. Singh Yadav (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-03-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 406/420 of the Indian Penal Code and Section 138 of the N.I. Act. Learned counsel for the petitioner submits that though the dispute is of civil nature and the petitioner is willing to negotiate with the other side yet the opposite parties have been rigid in the approach and are not willing to settle the dispute. Even so, the petitioner, as on date, is ready and willing to pay back rupees five lacs within a period of six weeks from the date of passing of this order. It is further submitted that the rest amount of rupees five

Patna High Court Cr.Misc. No.36667 of 2015 (6) dt.29-03-2016 2/2 lacs shall be paid by the petitioner within a period of six months thereafter.

Considering the bonafide offer made by the petitioner, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheria Sarai P.S. Case No. 227/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. It is made clear that if the petitioner does not honour his commitment then it shall be open to the opposite party No. 2 to take appropriate action in accordance with law including moving this Court for modification/cancellation of this order. (Anjana Mishra, J) Saif/- U T