Manoj Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3141 of 2018 Arising Out of PS.Case No. -1869 Year- 2015 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ====================================================== Manoj Kumar Jha, S/o Late Ramadhin Jha, R/o Village- Bishunpur Dhanraj, P.S.- Kudhani, Distt.- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjiv Kumar Mishra, S/o Late Chandra Bhushan Mishra, R/o VillageChakour, P.O.- Chhitnor, P.S.- Matihani, Distt.- Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate. For the opposite party No.2 : Mr. Manoj Kumar, Advocate. For the State : Mr. Anand Mohan Prasad Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 1869C of 2015 instituted for the offence under Section 420 of the Indian Penal Code and Section 138 of N.I. Act. It has been submitted that in the Mediation Centre both the parties have entered into agreement that petitioner will make payment of Rs.1,50,000/- to the complainant in four equal installments of Rs.37,500/- each payable in second week of every alternative month.

Learned counsel for the complainant has appeared and submitted that petitioner has paid 1st installment of Rs.37,500/- in

Patna High Court Cr.Misc. No.3141 of 2018 (3) dt.26-03-2018 2/3 cash but three installment is still due.

In such circumstances, the application is disposed off with direction to the petitioner to surrender in the court below i.e. before Sri Raghubir Prasad, learned Judicial Magistrate, 1st Class, Begusarai, along with affidavit that he will make payment of remaining due amount to the complainant in three installment as per agreement arrived at between the parties in Mediation Centre, either by way of Demand Draft or crediting the amount in the saving bank account of the complainant, within a period of six months from the date of receipt/production of a copy of this order and in that event the court below will enlarge the petitioner on provisional anticipatory bail for a period of six months in the event of surrender/arrest of the petitioner named above, in connection with Complaint Case No.

1869C of 2015, to his own satisfaction, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.3141 of 2018 (3) dt.26-03-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

The petitioner is directed to make payment of remaining due amount in three equal installments by 15th of every alternate month. The court below will confirm the provisional bail granted to the petitioner after making payment of the entire amount to the complainant as ordered above and on producing the valid receipts showing payment of total amount of the installment. It is made clear that in the event the petitioner commits default in making payment of single installment as ordered above, the court below will be at liberty to pass appropriate order in accordance with law including cancellation of provisional bail granted to the petitioner.

(Sanjay Priya, J) S.Ali/- U T