Om Prakash Saxena v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41393 of 2017 Arising Out of PS.Case No. -210 Year- 2013 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ====================================================== Om Prakash Saxena, son of late Mahanth Ram, resident of village-Darauli, P.S.-Bhabua, District-Kaimur (Bhabua), at present resident of MohallaBhabua Ward No.1, Chakbandi Road, P.S.-Bhabua, District- Kaimur (Bhabua).

.... .... Petitioner/s

Versus

1. The State of Bihar &

2. Sanjay Kumar, son of Shivnath Prasad, resident of Mohalla- Bhabua Ward No.24, P.S.-Bhabua, District-Kaimur (Bhabua). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Sunil, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP Mr. Rajesh Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 02-01-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioner apprehends his arrest in Complaint Case No.210 of 2013 instituted for the offence under Section(s) 406, 420 Indian Penal Code.

From the order dated 10.10.2017, it appears that petitioner had submitted before this Court that he will deposit rupees three lac in the Court below and whoever will succeed will take the money.

Counsel for the Opposite Party No.2 has submitted that rupees one lac has already been paid by the petitioner to the

Patna High Court Cr.Misc. No.41393 of 2017 (3) dt.02-01-2018 2/3 Opposite Party No.2. Petitioner has submitted that he will make further payment in terms of the order dated 10.10.2017, within a period of one month.

In view of such, this application is disposed off with direction to the petitioner to surrender before the Judicial Magistrate, 1st class, Kaimur, Bhabua, in connection with Complaint Case No.210 of 2013, within a period of eight weeks from the date of receipt of a copy of this order along with valid receipt to show that he has paid the amount of rupees three lac in terms of the order dated 10.10.2017, passed by this Court and in that event, the Court below, on being satisfied that the amount has been deposited, will release the petitioner on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.41393 of 2017 (3) dt.02-01-2018 3/3 liberty to move for cancellation of bail of the petitioner. It is made clear that in the event the petitioner does not produce valid receipt showing payments of the aforesaid amount, the Court below will be at liberty to pass appropriate order in accordance with law.

(Sanjay Priya, J) JA/- U T