Ram Babu Prasad v. The State Of Bihar And ORS

Patna High Court Cr.Misc. No.24250 of 2015 (2) dt.08-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24250 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -DUMRA District- SITAMARHI ====================================================== Ram Babu Prasad. Son of Mangal Prasad. Resident of village - Ekdari, Chhauradano, P.S.- Chhauradano, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Managing Director, Bihar State Food and Civil Supply Corporation, Patna.

3. District Manager, Bihar State Food and Civil Supply Corporation, District - Sitamarhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate Mr. Avinash Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh (BSFC) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Dumra P.S. Case No. 90 of 2015 registered for the offences punishable under Sections 406, 409 and 420/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that an agreement has been arrived at between the parties which has been brought on record by way of supplementary affidavit (Annexure8). As per the agreement, petitioner has given a draft of Rs. 25,00,000/- for settlement of dispute and also undertakes to pay

Patna High Court Cr.Misc. No.24250 of 2015 (2) dt.08-07-2015 rest amount in installment of Rs. 10,00,000/- per month in the account of Bihar State Food Civil Supply Corporation. Considering bona fide offer made by the petitioner and agreed upon by the Corporation, let the petitioner, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 90 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, it is made clear that the agreement, in question, shall be adhered upon by the petitioner and the amount which was undertaken, shall be deposited in accordance with the said agreement.

(Anjana Mishra, J) Jagdish/- U T