Ramesh Kumar Singh @ Ramesh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30041 of 2016 Arising Out of PS.Case No. -15 Year- 2015 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Ramesh Kumar Singh @ Ramesh Singh S/o Rajmangal Singh

2. Rajesh Kumar Singh S/o Rajmangal Singh

3. Bablu Kumar Singh S/o Rajmangal Singh All resident of Village- Delua, P.S.- Paru, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Krishna Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-12-2016 Heard both sides.

The petitioners apprehend their arrest in Bihpur P.S. case No. 15 of 2015 under Section 406, 409, 420/34 of the Indian Penal Code.

The informant alleged that he firstly gave Rs. one lac to Rajesh Kumar Singh, petitioner No.2, for supply of coal. Thereafter, the informant gave Rs. ten lacs and three lacs through cheques in the account of Bablu Kumar Singh, petitioner No.3, but no coal was supplied.

The learned counsel for the petitioners submits that there was agreement between two sides and the case has been compromised.

The learned counsel for the informant denied the factum of compromise and alleged that petitioners forged the signature of the informant on compromise petition. The learned

Patna High Court Cr.Misc. No.30041 of 2016 (4) dt.05-12-2016 2/2 counsel for the informant submits that informant has already received Rs. 4 lacs but Rs. 10 lacs is still lying due against the petitioners.

The learned counsel for the petitioners submits that petitioners are ready to pay the entire amount by 30.12.2016. Considering the fact that petitioners are ready to pay the remaining amount of Rs. 10 lacs to the informant by 30.12.2016, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to 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 the learned Chief Judicial Magistrate, Bhagalpur in Bihpur P.S. Case No. 15 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If the petitioners fail to pay Rs. 10 lacs to the informant through demand draft or bank draft by 30.12.2016, the learned court below shall cancel the bail bonds of the petitioner immediately thereafter.

(Prabhat Kumar Jha, J) BKS/- U T