Nirmal Kumar @ Nirmal Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49683 of 2023 Arising Out of PS. Case No.-140 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== NIRMAL KUMAR @ NIRMAL PAL SON OF LATE LAL DHARI RAI RESIDENT OF VILLAGE- MOHANPUR, PS- MANER, DISTT- PATNA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RAM RATAN PRASAD SON OF SRI RAMASHISH PRASAD RESIDENT OF VILLAGE- MUSADHI, PS- KURTHA, DISTT- ARWAL, AT PRESENT R/O- KHEDALPUR, PS- BIHTA, DISTT- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Niwas Prasad, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 417 of the Indian Penal Code.

3. By filing supplementary affidavit, learned counsel for the petitioner submits that petitioner is ready to pay the amount of Rs. 5,00,000/- (five lacs) to the complainant in installments.

4. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six

Patna High Court CR. MISC. No.49683 of 2023(3) dt.19-09-2023 2/2 weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Danapur, Patna in connection with Complaint Case No. 140 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further directions :- (i) At the time of furnishing bail-bond, Rs. 1,00,000/- (one lac) shall be paid to the complainant through Bank Draft in the court below.

(ii) Rest amount i.e., Rs. 4,00,000/- (four lacs) shall be deposited in four equal installments within one year through Bank Draft in favour of the complainant.

(iii) If petitioner fails to comply with the aforesaid directions of this Court, the court below would be at liberty to cancel the bail-bond of the petitioner.

5. It is made clear that without going into the merit of the case, this order has been passed for the purpose of bail. (Prabhat Kumar Singh, J) Navya/- U T