Patna High CourtCR. MISC./26110/2024bail granted

Manju Devi v. The State Of Bihar

2024-06-26Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26110 of 2024 Arising Out of PS. Case No.-1314 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Manju Devi W/o Shri Dinesh Kumar Singh @ Dinesh Singh R/o Ward no. 1, Sihauta, P.s. - Maharganj, Distt. - Siwan, the then Proprietor, Popular Enterprises ... ... Petitioner/s

Versus

The State of Bihar 2.

Sandeep Kumar Bubna S/o Late Krishna Kumar Babuna R/o M.D. Steel, S.P. Verma road, P.S. - Gandhi Maidan, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Singh, Advocate For the State :

Dr. Mrityunjaya Kr.Gautam, APP For Opposite Party No. 2:

Mr. Alok Kr. Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a complaint case wherein cognizance has been taken for the offence punishable under Section 406 of the Indian Penal Code.

3. As per prosecution case, this petitioner is alleged to have bought cement and TMT worth Rs. 4,08,620/- from the complainant but denied to pay the amount.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has been falsely implicated in this case. The petitioner denies the allegations. However, after some arguments, without admitting the guilt, it is

Patna High Court CR. MISC. No.26110 of 2024(3) dt.26-06-2024 2/3 submitted that the petitioner is ready to deposit 50 per cent of the disputed amount amounting to Rs. 2,04,310/- (Rupees two lacs four thousand three hundred and ten only).

5. Considering the aforesaid facts and circumstances, prayer for grant of anticipatory bail to the petitioner is allowed.

6. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna, in connection with Complaint Case No. 1314(C) of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, along with the following terms and conditions:

A. At the time of furnishing bail-bond Rs. 1,00,000/- (Rupees one lakh) shall be deposited through cash in the Nazarat of the Civil Court, Patna.

B. Rest amount i.e. Rs. 1,04,310/- (Rupees one lakh four thousand three hundred and ten) shall be deposited in the Nazarat of Civil Court, Patna, in four equal installments within a period of one years from the date of furnishing bail-bond.

C. The aforesaid payment shall be subject to the final outcome of the case.

D. If petitioner fails to comply the aforesaid direction of this Court, the Court below is

Patna High Court CR. MISC. No.26110 of 2024(3) dt.26-06-2024 3/3 free to cancel the bail-bond of the petitioner.

7. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.

(Prabhat Kumar Singh, J) shashank/- U