Ram Sakal Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49915 of 2017 Arising Out of PS. Case No.-126 Year-2017 Thana- CHATOUNI District- East Champaran ====================================================== Ram Sakal Chaudhary son of Sheopujan Chaudhary @ Sri Sheopujan Sahani resident of Mohalla - Gopal Pur, P.S. Town, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava For the Opposite Party/s :
Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-04-2018 Heard learned counsel for the petitioner, informant and learned APP for the State.
Petitioner apprehends his arrest in Chhatauni P.S. case no. 126 of 2017 instituted for the offence under Section(s) 420/406 of the Indian Penal Code and Section 138 of the N.I. Act. Mediator's report has been received.
In terms of the Mediator's report memorandum of agreement has been entered into between the parties in Mediation Centre Patna High Court from which it appears that both parties have agreed that a total sum of Rs. 2, 75,000/- will be paid to the informant by the petitioner in six installment(s) as mentioned in the memorandum of agreement. Learned counsel for the petitioner submits that petitioner may make payment of more amount also than shown in the memorandum of agreement.
Patna High Court Cr.Misc. No.49915 of 2017(7) dt.23-04-2018 2/3 In such circumstances, the application is disposed off with a direction to the petitioner to surrender before the court below i.e. CJM Motihari East Champaran, in connection with Chhatauni P.S. case no. 126 of 2017 within a period of four weeks from the date of receipt/production of a copy of this order along with an affidavit that he will make payment of amounts in installments in terms of the memorandum of agreement entered into between the parties in the Patna High Court Mediation Centre and in that event the court below will release the petitioner on provisional anticipatory bail till 31.3.2019, subject to the conditions as laid down under Section 438 (2)Cr. P.C.
(3) if petitioner tampers 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 petitioner.
Thereafter, the petitioner will make payment of the remaining amount(s) in installments in terms of the
Patna High Court Cr.Misc. No.49915 of 2017(7) dt.23-04-2018 3/3 memorandum of agreement entered into between the parties within the aforesaid period and thereafter the Court below will confirm the provisional anticipatory bail of the petitioner. It is made clear that in the event the petitioner does not surrender with affidavit and in the event of default in making payment(s) in installments, the court below will be at liberty to pass appropriate order in accordance with law. The application is disposed off.
(Sanjay Priya, J) shyambihari/- U T