Bimal Kishore Verma And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2147 of 2017 Arising Out of PS. Case No.-29059 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================

1. Bimal Kishore Verma S/o late Rajeshwar Prasad

2. Kavita Verma W/o Bimal Kishore Verma Both No. 1 & 2 Resident of Vidya Apartment Campus, Opposite Pani Tanki, East of Shiv mandir Chowk, New Jakkanpur, Patna-1 ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Amarendra Kumar S/o Triveni Kant Sinha R/o Diwan Mohalla- Dullighat, P.S.- Khajekala, Distt- Patna.

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

For the Petitioner/s :

Mr. Sudhir Kumar Raj For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2018 The matter was earlier sent to Mediation Centre where the matter has been amicably settled between the parties as it appears from the Mediation report.

Learned counsels for the petitioners and opposite party no.2 are present.

As per the Mediation report, the matter was settled on a payment of Rs. 1, 25,000/-. The petitioners have agreed in the Mediation Centre to make payment of Rs. 1, 25,000/- ( One lakh and twenty five thousand) to opposite party no.2 Learned counsel for the opposite party no.2 has submitted that an amount of Rs. 45,000/-( forty five thousand) has already been paid by the petitioners and rest amount of Rs. 80,000/-

Patna High Court Cr.Misc. No.2147 of 2017(7) dt.30-01-2018 2/3 (Eighty thousand) is still due with the petitioners as per the agreement arrived at between the parties in the Mediation Centre.

Learned counsel for the petitioners has submitted that petitioner will make payment of the aforesaid amount of Rs. 80,000/- within a period of one month.

In the circumstances, the anticipatory bail petition is disposed off with a direction to the petitioners to surrender before Court of learned Chief Judicial Magistrate, Patna in connection with Complaint case no. 29059( c)/2014 within a period of two months from the date of receipt/production of a copy of this order along with valid receipt to show that he has paid the amount of Rs. 80,000/- to the informant/opposite party no. 2 by way of demand draft and in that event, the Court below, on being satisfied that the amount of Rs. 80,000/- has been paid by the petitioners in terms of the memorandum of agreement entered into between the parties in the mediation Centre, will release the petitioners on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. with further conditions: (1) bailors should be local having sufficient

Patna High Court Cr.Misc. No.2147 of 2017(7) dt.30-01-2018 3/3 immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and

(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

It is made clear that the petitioners will also file a copy of the memorandum of agreement entered into between the parties in the Mediation Centre at the time of surrendering in the Court below.

(Sanjay Priya, J) shyambihari/- U T