Mithilesh Singh And ANR. v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.49083 of 2015 (4) dt.17-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49083 of 2015 Arising Out of PS.Case No. -1837 Year- 2005 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================
1. Mithilesh Singh
2. Awadhesh Singh @ Yuvraj Singh Both sons of Late Dip Narayan Singh @ Hawaldar Saheb, resident of Village- Motiyan, P.S. Chapra Mufassil, District- Saran at Chapra. At present resident of Village- Tahirpur, P.S.- Garkha, District- Saran at Chapra.
.... .... Petitioners
Versus
1. The State of Bihar. null null
2. Pravin Kumar Singh S/o Brij Bihari Singh resident of Village- Vintek Consultancy Services Pvt. Ltd., Branch Chapra, Hospital Chowk, Saran at Chapra.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Dewendra Narayan Singh, Advocate For the Opposite Parties : Mr. Md.Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-02-2016 It has been submitted on behalf of the petitioners that since it is a case for an offence under Section 138 of the N.I. Act, petitioners are ready to pay the entire amount, i.e., Rs.2,10,000/- at the time of furnishing of bail bond.
They are also ready to deposit Rs.50,000/- in the court below which may be released in favour of the complainant and the remaining amount will be deposited by 30th of March, 2016. Heard learned counsel for the petitioners and learned counsel for the State.
The offer made on behalf of the petitioners is acceptable to the counsel for the complainant.
Patna High Court Cr.Misc. No.49083 of 2015 (4) dt.17-02-2016 Considering the aforesaid facts and circumstances, it is directed that the petitioners above named, be released on provisional bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Complaint Case No.1837 of 2005(Trial No.1848 of 2014) on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
The petitioners shall deposit an amount of Rs.50,000/- in the court below which shall be released in favour of the complainant and the remaining amount shall be deposited in the court below by 30th of March, 2016 on the deposit of the entire amount the provisional bail granted to the petitioners shall be confirmed.
Once the entire amount has been deposited, the court below shall take necessary steps to compound the offence and pass a necessary order to secure the ends of justice. (Sudhir Singh, J) B.Kr./- U T