Smt. Prema Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23430 of 2015 ======================================================

1. Smt. Prema Singh Wife of Sri Rabindra Singh

2. Rabindra Singh Son of Sri Chandrika Singh Both residents of Mohalla - Haribatika Chowm, P.S. Bettiah Muffasil, District - West Champaran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Aditya Narayan Singh - 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-06-2015 The present application has been filed for modification of order dated 30.04.2015 passed in Cr. Misc. NO. 19951 of 2015 to the extent that the petitioner may be permitted to deposit Rs.50,000/- (cheque amount) with 6% interest. The petitioners were granted provisional anticipatory bail for six months in connection with Paharpur (Malahi) P.S. Case No. 56 of 2014 registered under Sections 406, 420, 467, 468, 471, 504 of the Indian Penal Code and 138 of N.I. Act, pending in the court of learned CJM, East Champaran, Motihari. The above order was passed on undertaking of the counsel for the petitioners that the petitioners are ready to deposit the amount of Rs.1,00,000/- with 6% interest calculated from the date of receipt of the amount till date the deposit of amount.

Patna High Court Cr.Misc. No.23430 of 2015 (02) dt.24-06-2015 2/3 It is submitted by learned counsel for the petitioners that the cheque amount was only Rs.50,000/-, though, the accusation was with regard to Rs.1,00,000/-, hence, the petitioners may be permitted to make payment of Rs.50,000/- with interest.

This Court is not inclined to entertain the present modification application since the earlier order was passed on submission of the counsel for the petitioners. The order dated 30.04.2015 is modified to the extent that the period of deposit of Rs.1,00,000/- with 6% interest is extended for further period of six months. The amount of interest shall be calculated from the date of receipt of the amount till the date of deposit of the said amount before the learned court below, which will be released in favour of the informant, if he files an application for withdrawal or compromise of the present case, otherwise the said amount will be invested in some fixed deposit scheme by the learned court below in connection of the present case which will be subject to the result of the case. Accordingly, this modification application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T

Patna High Court Cr.Misc. No.23430 of 2015 (02) dt.24-06-2015 3/3