Dharmendra Pratap v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42637 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== DHARMENDRA PRATAP Son of Nanhku Singh Resident of village Katharai, P.S. Kochas, District-Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Singh, Advocate For the Informant :
Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Kudra P.S. case No. 76 of 2022 instituted for the offences under Sections 406, 420, 504 and 34 of the Indian Penal Code.
3. As per the FIR, the petitioner has taken a total sum of Rs. 18,00,000/- from the informant out of which the informant paid Rs. 2,90,000/- through cheque whereas the rest amount (Rs. 15,10,000/-) was paid in cash to this petitioner. After a month the petitioner returned the said amount using two cheques, one cheque of thirteen lakhs and other cheque of five lakhs. Those cheques bounced when the informant deposited
Patna High Court CR. MISC. No.42637 of 2023(10) dt.27-02-2024 2/3 them in bank.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case due to ulterior motives. Learned counsel further submitted that the petitioner had paid the bank draft of Rs. 2,90,000/- to the informant and the same has been encashed. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.03.2023 and has one criminal antecedent.
5. Learned counsel appearing on behalf of the informant submitted that the money dispute between the parties for Rs. 2,90,000/- has amicably been settled. Learned counsel for the informant further submitted that four witnesses out of six have been examined in the trial.
6. Considering the aforesaid facts and circumstances of the case and taking into account the fact that the money dispute has already been settled between the parites as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kudra P.S. case No.
Patna High Court CR. MISC. No.42637 of 2023(10) dt.27-02-2024 3/3 76 of 2022, further, the learned trial court is directed to expedite the trial.
(Rudra Prakash Mishra, J) Alok Verma/- U T