Anu Kumar @ Anu Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24817 of 2019 Arising Out of PS. Case No.-35 Year-2017 Thana- SAHARSA COMPLAINT CASE DistrictSaharsa ====================================================== 1.

ANU KUMAR @ ANU KUMAR MANDAL Son of Sri Kameshwar Mandal, Secretary, Jan Kalyan Vikas Abhiyan Society, Saharsa-Madhepura (Bihar).

2.

Ruchi Kumari Wife of Anu Kumar @ Anu Kumar Mandal Member, Jan Kalyan Vikas Abhiyan Society, Saharsa-Madhepura (Bihar). 3.

Dilip Manjul @ Dilip Kumar Manjul Son of Sri Kameshwar Mandal, Member, Jan Kalyan Vikas Abhiyan Society, Saharsa-Madhepura (Bihar). All are Resident of Village-Saroni, Tola-Bajaraha, P.S-Basanahi, DistrictSaharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arvind Kumar Bhagat, Son of Late Pawan Kumar Bhagat, Proprietor, M/s. Ambe Ambe Bricks Field Chimani Udyog, Sour Bajar near Chandor, Panchayat Tola-Bathanaha, P.S-Sour Bajar, District-Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar,Advocate For the Opposite Party/s :

Mrs.Renu Kumari, APP Mr. Amarnath Jha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2019 The petitioners apprehend their arrest in connection with Complaint Case No. 35 of 2017 in which cognizance under Sections 120B, 406, 420 and 468 of the Indian Penal Code and 138 of the Negotiable Instrument Act has been taken. The dispute between the parties relates to bouncing of cheque. The matter was referred for mediation by this Court and a report of learned Mediator dated 23.10.2019 is on record. From perusal of the same, it appears that both parties i.e., petitioners and O.P.No. 2, have settled their dispute mutually

Patna High Court CR. MISC. No.24817 of 2019(6) dt.05-11-2019 2/2 before the learned Mediator. A joint memorandum of agreement duly signed between the petitioners and O.P.No. 2 dated 22.10.2019 is also on record.

Having regard to the submissions made by the parties and taking into consideration the fact that both, petitioners as well as O.P.No. 2, have entered into a mutual settlement and a memorandum of agreement has duly been signed between them, I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-I, Saharsa in connection with Complaint Case No. 35 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further that they will abide by the terms and conditions of memorandum of agreement dated 22.10.2019.

(Anil Kumar Sinha, J) sujit/- U T