Ritesh Kumar Singh @ Ritesh Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39287 of 2014 Arising Out of PS. Case No.-2640 Year-2008 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== 1.

Ritesh Kumar Singh @ Ritesh Singh Son of Sri Surendra Prasad Singh 2.

Surendra Prasad Singh Son of Late Sahdeo Prasad Singh Both Permanent Resident of Village - Mukundpur, P.S. - Patepur, District - Vaishali. And at present both residing at Mohalla Radha Niwas (Near Krishna Bhawan), Club Road, Mithanpura, P.S. - Mithanpura, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunil Kumar Son of Sri Rajendra Prasad Resident of Nawahi Bhawan, Chhoti Kalayani, Kachi Sarai Road, P.S. & District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aaruni Singh, Advocate For the Opposite Party/s :

Mr. JAGDHAR PRASAD (APP) For Opp. Parthy No. 2 : Mr. S.Jamil Akhtar,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners, State and counsel appearing for opposite party No. 2.

By order dated 8.9.2017 counsel appearing for opposite party No. 2 was granted two weeks' time to seek instructions and make submission after interaction with his client regarding payment of Rs. 5 lacs in five installments within six months by the petitioners to the opposite party No.2.

Counsel for the opposite Party No. 2 after instruction and interacting with his client submits that his client is agreeable to such proposal.

Patna High Court Cr.Misc. No.39287 of 2014(8) dt.21-09-2017 2/3 In view of the fact that the parties have agreed for settlement of their dispute on payment of Rs. 5 lacs by the petitioner within six months in five instalments, the application is disposed of in the following terms - (I) The petitioners shall pay the amount of Rs. 5 lacs in five equal instalments within a period of six months from today.

(II) In case the petitioners pays Rs. 5 lacs in five equal instalments within six months, the opposite party no. 2 will enter into compromise and a joint compromise petition shall be filed in the court below.

(III) The Court below on ascertaining the fact as to payment of Rs. 5 lacs in five equal instalments, will record the compromise between the parties and close the case.

(IV) In the event of the petitioners paying the first instalment of Rs. 1 lacs, the court below will stay the further proceedings of this case for a period of six months in order to enable the petitioners to deposit the balance amount of Rs. 4 lacs in four equal instalments within the aforesaid period.

Patna High Court Cr.Misc. No.39287 of 2014(8) dt.21-09-2017 3/3 The order is passed in the presence of counsel for the petitioners, State and counsel representing the opposite party No. 2.

With the aforesaid observations, the application stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U T