Sri Dinesh Kumar Sinha @ Dinesh Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77425 of 2018 Arising Out of PS. Case No.-189 Year-2018 Thana- GANDHIMAIDAN District- Patna ====================================================== 1.

Sri Dinesh Kumar Sinha @ Dinesh Kumar S/o Sri Rajbansh Singh, 2.

Sri Sourabh S/o Sri Dinesh Kumar, Both of Career Today, Aadharshila Complex, Gandhi Maidan, P.S.- Gandhi Maidan, Disrict- Patna, permanent Address Both R/o Mohalla- West Patel Nagar, P.S.- Shastri Nagar Town of Patna , District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Vachaspati Mishra S/o not known, R/o A/15, Mitra Mandal Colony, Anishabad, P.S.- Gardani Bagh , District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lovekush Kumar For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 This is an application for grant of anticipatory bail in connection with Gandhi Maidan P.S. Case No. 189 of 2018, disclosing offences under Sections 406, 420, 34 of the Indian Penal Code.

Allegation against the petitioners is that for getting the admission of daughter of the informant in a private medical college, they have taken Rs.13,50,000/- from the informant and not returning the same.

Submission of learned counsel for the petitioners is that earlier they have returned Rs.4,00,000/- and assured to deposit rest of the amount, but in the meantime the case has been lodged by the opposite party no.2 and now they have

Patna High Court CR. MISC. No.77425 of 2018(6) dt.16-04-2019 2/2 deposited the rest of the amount of Rs.9,50,000/- by a bank draft handed over to the opposite party no.2 and as such there is no dues left and compromise has also been reached between the parties.

Heard learned A.P.P. as well as learned counsel for opposite party no.2, they have not controverted the above fact. Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XVII, Patna, in connection with Gandhi Maidan P.S. Case No. 189 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. It is also expected that as the matter has been compromised, both the parties shall file a compromise petition duly signed before the court below.

(Vinod Kumar Sinha, J) Amjad/- U T