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Patna High CourtCR. MISC./27071/2024allowed

Pappu Mandal v. The State Of Bihar

2024-05-01Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27071 of 2024 Arising Out of PS. Case No.-1594 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Pappu Mandal S/o Paltu Mandal R/o vill - Chandrahi, P.S. - Dhamdaha, Dist. - Purnia ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Tara Devi W/o Ganjendra Mandal R/o vill - Chandrahi, P.S. - C Dhamdaha, Distt. - Purnia ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bidhu Ranjan, Advocate For the State :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No. 1594 of 2021 instituted under Section 406 of the Indian Penal Code.

3. Mr. Ashok Jha, learned counsel for the petitioner on instruction from his client has submitted that his client is ready to pay Rs. 70,000/-to the informant without accepting his guilt.

4. In view of the nature of allegation and also considering the offer of the learned counsel for the petitioner, this application is allowed.

Patna High Court CR. MISC. No.27071 of 2024(2) dt.01-05-2024 2/3

5. Let the petitioner, above named, in the event of arrest or surrender before the Court below within six weeks from today, be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Purnia in connection with Complaint Case No. 1594 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

6. On the date on which the petitioner furnishes his bail bonds, he shall produce a demand draft of Rs. 35,000/- in the name of the informant and only after that the petitioner will be granted provisional anticipatory bail and the balance amount of Rs. 35,000/- shall be paid by way of demand draft in the name of the informant within the next four months.

7. After the entire amount of Rs. 70,000/- is paid, the provisional anticipatory bail granted to the petitioner shall be confirmed by the Court below. If the petitioner fails to pay the entire amount, as stated above, the provisional anticipatory bail granted to the petitioner shall be cancelled by the Court below.

8. At the time of furnishing bail bonds, the petitioner

Patna High Court CR. MISC. No.27071 of 2024(2) dt.01-05-2024 3/3 and the informant will sign a compromise petition so that unnecessary litigation may not continue.

(Sandeep Kumar, J) P. Kumar U T