Krishna Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23258 of 2019 Arising Out of PS. Case No.-4330 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== KRISHNA PRASAD S/o Late Siwan Mahto R/o Mohalla- Chamber of Commerce, Water Tower Campus, Antaghat, Near Judges Court Road, P.S.- Gandhi Maidan, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajesh Kumar S/o Sri Ram Ekbal Prasad R/o Mohalla- Jai Maa Kali Niwas, Harishchandra Nagar, Sipara, P.S.- Beur, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Dubey, Adv.

For the Opposite Party no.1:

Mr.Md. Aslam Ansari, APP For the Opposite Party no.2: Mr. Gyanendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned counsel representing the complainant as also learned counsel for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Complaint Case No.4330© of 2017 registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegations made against him are in the nature of a civil dispute, however, learned counsel for the complainant submits that there is a written document in the handwriting of the petitioner acknowledging the receipt of Rs.2,20,000/- from the

Patna High Court CR. MISC. No.23258 of 2019(4) dt.23-07-2019 2/2 complainant in the year 2014 and further that in the court below in course of hearing of his anticipatory bail application he has offered to pay Rs.1,20,000/- to the complainant. Considering the facts and circumstances of the case wherein the petitioner has offered to pay Rs.1,20,000/- in the court below and has reiterated the same through his counsel in course of hearing before this Court, in the nature of the dispute this Court directs that on the petitioner's depositing a sum of Rs.1,20,000/- in two installments of Rs.60,000/- each within two months from today in the court below, the petitioner shall be allowed to remain on bail on the same bail bond which the petitioner has furnished pursuant to the order dated 12.04.2019 passed by this Court.

The first installment of Rs.60,000/- shall be deposited within four weeks from today and the next one will be deposited within next one month. Failure to abide by the offer made by the petitioner shall invite cancellation of bail bond. The payment shall be made to the complainant through the bank draft to be made at the cost of the petitioner. The order dated 12.04.2019 is hereby confirmed.