Jyoti Shankar Prakash @ Jyoti Shankar Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10485 of 2015 Arising Out of PS.Case No. -2309 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Jyoti Shankar Prakash @ Jyoti Shankar Prasad son of Late Madan Mohan Prakash, Resident of Village- Chitragupta Nagar, Kankarbag, DistrictPatna .... .... Petitioner

Versus

1. The State of Bihar

2. Smt. Chhaya Devi W/o Shri Vijay Kumar Gupta, Resident of MohallaSabzibagh, P.S.- Pirbahore, Town and District- Patna, 800004, at present Mohalla- Dariyapur Gola, P.S.- Kadamkuan, Town and District- Patna .... .... Opposite Parties ====================================================== Appearance:

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-07-2016 Heard leaned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 2309C/2013, disclosing offences under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. Learned counsel appearing on behalf of the petitioner and opposite party No. 2 agree that the dispute between them has been resolved through mediation process, whereby the petitioner has agreed to pay an amount of Rs. 25,00,000/- (Rupees twenty five lakhs) in five installments to the opposite

Patna High Court Cr.Misc. No.10485 of 2015 (18) dt.19-07-2016 2/2 party no. 2 in terms of the agreement.

Considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Munsif-II cum Judicial Magistrate 1st Class, Patna, in connection with Complaint Case No. 2309C of 2013, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Mishra/- U T