Amitabh Pankaj Duvedi v. The State Of Bihar

Patna High Court Cr.Misc. No.30086 of 2017 (5) dt.07-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30086 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Amitabh Pankaj Duvedi, Son of Late Anant Prasad Duvedi, resident of Dundi Bazar, P.S.- Chowk, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Patna City Chowk P.S. Case No. 100 of 2016 instituted for the offence under Sections-406, 420, 504/34 of the Indian Penal Code.

Counsel for the petitioner has submitted that he has received Rs. 1165000/- from the informant which he is ready to return the informant. He seeks three months' time to return the aforesaid amount.

Counsel for the informant has submitted that he has made payment of aforesaid amount in the year, 2014. Therefore, the petitioner may be directed to pay some interest at the bank rate. Counsel for the petitioner has agreed that he will pay additional sum of Rs. 35,000/- and he will make payment of total Rs. 12,000,00/- (twelve lacs) to the complainant/informant.

Patna High Court Cr.Misc. No.30086 of 2017 (5) dt.07-08-2017 In such circumstances, this application stands disposed off with direction to the petitioner to surrender in the court of Sri Sushant Ranjan J.M.-Ist Class-cum- Munsif III/concerned court, Patna City within a period of four weeks from today along with an affidavit that he will make payment of Rs. 12,000,00/- (twelve lacs) to the complainant/informant either by demand draft or by direct crediting the amount in the account of complainant/informant in connection with Patna City Chowk P.S. Case No. 100 of 2016 and in that event, the court below will grant anticipatory bail to the petitioner provisionally for three months with condition that he will make payment of Rs. 12,000,00/- (twelve lacs) to the complainant/informant within three months from his release.

The court below on production of necessary document by the petitioner showing the full payment of 12,000,00/- (twelve lacs) to the complainant/informant, will confirm the provisional anticipatory bail of the petitioner after three months. It is made clear that in the event, the petitioner does not make payment of Rs. 12,000,00/- (twelve lacs) to the complainant/informant within the aforesaid period of three months from the date of his release on provisional anticipatory bail, the court below will be at liberty to cancel the bail bond of the petitioner.

(Sanjay Priya, J) A.K.V./- U T