Shambhu Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62717 of 2017 Arising Out of PS. Case No.-1347 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Shambhu Kumar aged about 42 Years, S/o late Nanhakoo Sahu, R/o MohallaGhana Colony, P.S.- Ramkrishna Nagar, District- Patna. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Smt. Pritee Kumari aged about 35 Years, W/o Surya Vijay Ranjan, R/o Mohalla-Ramkrishna Nagar (Near Khusi Enterprises), P.O. New Jaganpura, P.S.- Ramkrishna Nagar, District- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rashid Izhar For the Opposite Party/s :
Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner, informant and learned APP for the State.
Petitioner apprehend his arrest in complaint case no. 1347 ( C) of 2015 instituted for the offence under Section(s) 420, 468 and 386 of the Indian Penal Code. It has been submitted that matter has already been settled between the parties in the Mediation Center, Patna High Court. Petitioner has agreed to make payment of Rs. 2,25,000/- to the complainant by 10th May, 2018. Counsel for the complainant has no objection to such proposal of the petitioner. In such circumstances, the application is disposed off with a direction to the petitioner to surrender before the court below
Patna High Court Cr.Misc. No.62717 of 2017(6) dt.27-04-2018 2/3 i.e. CJM, Patna, within a period of six weeks from the date of receipt/production of a copy of this order along with proof of making payment of Rs. 2, 25,000/- to the complainant by way of demand draft and in that event, the court below will release the petitioner on anticipatory bail, in connection with complaint case no. 1347 ( C) of 2015 on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to its own satisfaction, subject to the conditions as laid down under Section 438 (2)Cr. P.C.
with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (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.
It is made clear that after making payment of the amount to the complainant the complainant will file necessary petition in the Court below for withdrawing the case as agreed between the parties in the Mediation Centre within a period of two
Patna High Court Cr.Misc. No.62717 of 2017(6) dt.27-04-2018 3/3 week from the date of receiving of the payment. It is made clear that during the period of six weeks petitioner will not be arrested.
(Sanjay Priya, J) shyambihari/- U T