Patna High CourtCR. MISC./45832/2016bail granted

Sanjay Kumar v. The State Of Bihar

2016-10-27Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45832 of 2016 Arising Out of PS.Case No. -282 Year- 2014 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Sanjay Kumar Son of Gopal Prasad Resident of Mohalla-Pathak toli, Ward No. 19, Police Station Jehanabad, District Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh, Mr. Arh Kumar For the Informant : Mr. Mukesh Kumar-I For the State : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 406 and 420/34 of the Indian Penal Code.

Petitioner has taken money of Rs.6,00,000/ for the purpose of construction of house. When the time of return of money came he refused to return the same.

Earlier this Court has directed learned counsel for the petitioner to take instruction with regard to return of the money which he had taken whereupon today statement has been made at Bar that after release of one month the petitioner

Patna High Court Cr.Misc. No.45832 of 2016 (4) dt.27-10-2016 would return the money of Rs.1,50,000/ in one time and thereafter he will pay Rs.10,000/- on 7th of each month and will continue to pay till payment of Rs. 6,00,000/-. If the petitioner would fail to pay the money the informant will be at liberty to approach before the court below for cancellation of bail.

In such view of the matter, let petitioner, Sanjay Kumar, 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 the Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 282 of 2014, subject to the condition that one of the bailors shall be a close relative of the petitioner i.e. father, mother, wife or son.

After payment of Rs.6,00,000/- both sides will file an application before the court below stating the fact that they have settled the dispute out side the court and court below will pass necessary order in accordance with law.

(Shivaji Pandey, J) Vinay/- U T