Vinay Kumar Prabhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33456 of 2024 Arising Out of PS. Case No.-782 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Vinay Kumar Prabhakar Son of Bindeshwar Ram Resident of VillageChhajan Pasarwara, P.S.- Kurhani, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nandlal Prasad Son of Late Yamuna Prasad Resident of Village- Bishunpur Dhir, P.S.- Kalyanpur, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP Mr. Shashi Bhushan Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Section 406 of the Indian Penal Code and Section 138 of the N.I. Act.

3. At the outset, learned counsel for the petitioner submits that the dispute between the parties has been settled amicably through the process of mediation and for this, the petitioner offered to pay Rs. 6,25,000/- (Rupees six lacs twenty five thousand) in ten installments, as full and final settlement amount and opposite party no. 2 has accepted the offer and gave his consent.

Patna High Court CR. MISC. No.33456 of 2024(6) dt.07-01-2025 2/3

4. Learned counsel for the opposite party no. 2 does not dispute the contention made on behalf of petitioner and confirms the fact regarding settlement entered into between the parties.

5. Here, it is relevant to mention that earlier, with consent of the parties, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties, which has been resolved in terms of Memorandum of Agreement annexed with Mediator's report.

6. Considering the fact that dispute between the parties has been resolved, the prayer for anticipatory bail of petitioner is allowed.

7. Let the petitioner, as named above, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari (East Champaran) in connection with Complaint Case No. 782 of 2019 (Trial No. 793 of 2022), subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the

Patna High Court CR. MISC. No.33456 of 2024(6) dt.07-01-2025 3/3 terms & conditions, mentioned in Memorandum of Agreement, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) anay U T