Ramakant Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28233 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAMAKANT PANDEY Son of Muneshwar Pandey Resident of Village - Rudrawar Kala, P.S.- Sonhan, District - Kaimur at Bhabua ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyam Bihari Singh, Advocate For the informant :

Mr. Waliur Rahman, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Bhabua P.S. Case No. 116 of 2022, for the offence punishable under Section 420, 406 and 504 of the Indian Penal Code. The prosecution case in brief is that petitioner took Rs. 4,08,000/- from the informant, but he did not return the same to the informant.

Learned counsel appearing on behalf of the petitioner submits that petitioner is ready to deposit 50% of the total amount to the informant, if he is released on provisional bail. Sri Waliur Rahman, Advocate tenders his appearance

Patna High Court CR. MISC. No.28233 of 2022(2) dt.15-06-2022 2/2 on behalf of informant agrees with the offer made on behalf of the the petitioner.

Considering the aforementioned facts and circumstances of the case, the present case relates to private dispute, it would be in the interest of the parties that if the petitioner deposits 50% of the total amount due to the informant in cash or by way of any mode before the court below within a period of 30 days and rest amount due to the informant shall be paid within a period of six months and to that effect an affidavit / undertaking be filed before the Court below in that case the petitioner is directed to be release on provisional bail on such terms and conditions further fixed by the Court below. In case the entire amount is deposited within six months the provisional bail shall be made absolute.

It is made clear that in case of default of payment of said amount to the informant, in any manner, the bail bond of the petitioner shall be cancelled.

With the above observations and directions, this application stands disposed of.

(Purnendu Singh, J) manish/- U T