Dilip Kumar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62935 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Dilip Kumar Singh, S/o Late Nand Kishore Singh,
2. Smt. Anupanm Singh W/o Dilip Kumar Singh, Both R/o Purani Dharmshala Hatta, Muzaffarpur, P.S.- Muzaffarpur Town, DistrictMuzaffarpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Gaunaha PS case no. 85 of 2017 registered for the offences punishable under Sections 420, 406, 504 of Indian Penal Code.
The allegation is regarding the petitioner accepting money from the informant in relation to selling of land but he did not execute the sale deed.
The learned counsel for the petitioner, at the very outset, submits that at the moment, for the purposes of anticipatory bail, he is ready to pay the amount of money deposited in his
Patna High Court Cr.Misc. No.62935 of 2017 (2) dt.11-01-2018 2/3 account by the informant which is to the tune of Rs. 4,10,000/-. The learned counsel appearing for the informant does not have any objection to the same however, he submits that the said amount should be paid within a period of four weeks. Let the petitioner pay the aforesaid amount i.e. Rs. 4,10,000/- to the informant by way of demand draft within four weeks and thereafter, he may surrender before the trial court and obtain bail upon showing the proof of payment of a sum of Rs. 4,10,000/-.
Accordingly, the petitioner is directed to surrender before the concerned court within a period of four weeks and produce the proof of payment of a sum of Rs. 4,10,000/- to the informant and upon showing the said proof regarding payment, the petitioner would be admitted to anticipatory bail and in the event of such surrender before the court below, the petitioner is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Narkatiaganj, West Champaran (Bettiah) in connection with Gaunaha PS case no. 85 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal
Patna High Court Cr.Misc. No.62935 of 2017 (2) dt.11-01-2018 3/3 Procedure. It is clarified that in case, the informant does not accept the aforesaid money, the petitioner should deposit the said amount in the Nazarat of the concerned court. The rights and contentions of parties are left open.
(Mohit Kumar Shah, J.) rinkee/- U T