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Patna High CourtCR. MISC./1722/2018bail granted

Ram Naresh Singh @ Naresh Mahto v. State Of Bihar And ANR

2018-01-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1722 of 2018 Arising Out of PS. Case No.-56 Year-2016 Thana- SITAMARHI District- Sitamarhi ====================================================== Ram Naresh Singh @ Naresh Mahto, son of Late Awadh Bihari Singh @ Awadh Mahto, resident of Village- Parsurampur, P.S.- Parsauni, DistrictSitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Swaib, son of Late Shadik, resident of Village- Parsurampur, P.S.- Parsauni, District- Sitamarhi.

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

For the Petitioner/s :

Mr. Amrit Abhijat, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2018 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 420, and 379 of the Indian Penal Code.

Prosecution case got initiated on the basis of a complaint, though it was registered as police case after being transferred by the learned Court below under Section 153(3) of the Cr. P.C. The prosecution case is that the informant wanted to prematurely encash the Bajaj Allianze Policy taken by him earlier. Consequently, he surrendered the said policy, when the informant was conveyed that the cheque of encashed amount of Rs. 21091/- will be sent to him, but the informant did not receive the cehque, concerning which he issued notice.

Patna High Court Cr.Misc. No.1722 of 2018(2) dt.12-01-2018 2/2 It is submitted by learned counsel for the petitioner that the issue has been reconciled and the informant has filed a compromise petition before the learned Court below dated 09.10.2017, as contained in Annexure-7. Though the petitioner is accused in two other cases being Parsauni P.S. Case No. 46 of 2006 and Parsauni P.S. Case No.23 of 2006, but in all the cases mentioned aforesaid, he is on bail.

Considering the retracted version of the complainant, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi, in connection with Sitamarhi P.S. Case No. 56 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., subject to verification of the factum of compromise petition filed before the learned Court below by the complainant.

(Dinesh Kumar Singh, J) Ashwini/- U T