Akhilesh Kumar Verma @ Akhilesh Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34141 of 2016 Arising Out of PS.Case No. -977 Year- 2010 Thana -GAYA COMPLAINT CASE District- GAYA ====================================================== Akhilesh Kumar Verma @ Akhilesh Prasad .... .... Petitioner

Versus

1. The State of Bihar.

2. Sudama Prasad.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Binod Kumar, Advocate. For the State : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2016 Heard learned counsels for the petitioner, complainant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 977/2010 for the offences instituted under Sections 406, 420 and 468 of the IPC.

The prosecution story, in brief, is that the complainant gave Rs. 18,819/- as insurance premium to the petitioner for four instalments. The petitioner has given receipts of three instalments but the receipt of fourth instalment was not given to the complainant since he has not deposited the fourth instalment in Tata AIG Life Insurance. When the complainant went to the house of the petitioner, he assaulted him with fists and slaps and threatened that he would be implicated in a false case.

Patna High Court Cr.Misc. No.34141 of 2016 (4) dt.14-12-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. He has been made accused in the present case due to mistake of fact. It is further submitted that the petitioner is ready to deposit an amount of Rs. 20,000/- in the court below which may be released in favour of the complainant.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. On behalf of the learned counsel for the complainant, it has been submitted that she is agree to accept the said amount of Rs. 20,000/-.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 20,000/- in the court below which may be released in favour of the complainant and on doing so, the provisional bail granted to the petitioner vide order dated 29.08.2016 is, hereby, confirmed. U.K./- (Sudhir Singh, J) U T