Krishna Prakash Pati Tripathi @ Krishna Prakash Tripathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42233 of 2019 Arising Out of PS. Case No.-245 Year-2017 Thana- SIMRI District- Buxar ====================================================== KRISHNA PRAKASH PATI TRIPATHI @ KRISHNA PRAKASH TRIPATHI S/o Late Girijapati Tripathi R/o Village- 162 Pindi Deoria, P.S.- Deoria, District- Deoriya (U.P.).

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Ravi Kumar Singh S/o Late Arjn Singh R/o Village- Nagwa, P.S.- Simri, District- Buxar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Digvijay Kumar Ojha, Advocate For the Opposite Party No.1:

Mr. Damodar Prasad Tiwary, APP For Opposite Parties 2 & 3:

Mr. Satyendra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-02-2021 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Simri P.S. Case No. 245 of 2017, registered for the offence punishable under Sections 420 and 34 of the Indian Penal Code. Regard may be had to the order of this Court dated 04.11.2020 passed in this case, which reads as under: - "Learned counsel appearing on behalf of the petitioner submits that the petitioner is ready to pay to the informant the amount in question which was deposited in the petitioner's account in phased manner within six months, subject to the condition that the informant agrees to get the criminal case compounded.

Patna High Court CR. MISC. No.42233 of 2019(16) dt.19-02-2021 2/3 Learned counsel appearing on behalf of the informant has submitted that the informant shall take steps for compounding of the case in accordance with law once the entire amount of Rs. 2,50,000=00 is deposited in the informant's account within a reasonable time. List this case on 16.12.2020. In the meanwhile, the petitioner shall be at liberty to deposit a reasonable amount in the account of the informant, to show his bonafide." Learned counsel appearing on behalf of the petitioner, on instructions, has submitted that the petitioner shall deposit the entire amount, indicated in the order dated 04.11.2020, of Rs.2,50,000/- within two months from today.

Considering the stand taken on behalf of the petitioner, this application is allowed.

It is accordingly directed that if the petitioner appears before the Court below after ten weeks from today, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar, in Simri P.S. Case No. 245 of 2017, subject to the conditions as 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

Patna High Court CR. MISC. No.42233 of 2019(16) dt.19-02-2021 3/3 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U