Hari Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8807 of 2017 Arising Out of PS.Case No. -786 Year- 2016 Thana -BIHTA District- PATNA ====================================================== Hari Kishor Singh son of Late Dhananjay Singh Resident of Village - Yamunapur, P.S. Bihta, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Md. Fahimuddin For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bihta P.S. Case No. 786 of 2016 instituted for the offence under Section 419, 420, 467, 469, 471, 120(B) of the Indian Penal Code.

It is submitted on behalf of the petitioner that he is ready to make payment of Rs. 4,60,000/- within a period of one year after release from the jail.

It has further been submitted on behalf of the informant that he has made payment of Rs. 9,00,000/- to the petitioner.

It has further been submitted that both the parties are ready for amicable settlement. But so far as the amount is concerned, this court directs the petitioner to make payment of the

Patna High Court Cr.Misc. No.8807 of 2017 (2) dt.20-03-2017 2/2 amount as mentioned in the sale deed to the informant within one year after release from the jail. Both the parties will arrive at amicable settlement with regard to remaining amount if any. The petitioner will be released on bail after filing an undertaking before the lower court that he will make payment of the aforesaid amount as directed by this court to the informant within one year, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction A.C.J.M., Danapur, in connection with Bihta P.S. Case No. 786 of 2016. Both the bailors will be close relative of the petitioner who will file an affidavit in the court below to the effect that petitioner will make payment of the aforesaid amount to the informant within one year.

In the event, the petitioner fails to make payment or breaches the undertaking so given by him, the informant will be at liberty to file a petition in the lower court for cancellation of bail of the petitioner. The payment will be subject to final result of the case without being prejudiced by this order.

(Sanjay Priya, J) Ravi/- U T