Tulasi Pal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53905 of 2018 Arising Out of PS. Case No.-1307 Year-2015 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Tulasi Pal, Son of Sri Bhulan Pal, Resident of Village- Churamanpur, P.S.- Buxar District- Buxar Bihar.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Veena Devi, Wife of Bipin Chandra Pal, Resident of Village- Kewadhi, P.S.- Kudara, District- Kaimur at Bhabua.

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offence punishable under Section 406 of the Indian Penal Code.

The prosecution case as per the complainant is that the complainant entrusted Rs.1,87,050/- to the petitioner for deposit as premium of the Insurance but he did not deposit the amount.

It is submitted by learned counsel for the petitioner that the petitioner is ready to return the said amount in five equal monthly installments. A statement has been made in

Patna High Court CR. MISC. No.53905 of 2018(7) dt.04-04-2019 2/3 paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned counsel for the complainant reluctantly accepts the offer of the petitioner.

Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail provisionally for six months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua. in connection with Complaint Case No. 1307 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The petitioner will deposit a bank draft of Rs.1,87,050/- before the learned Court below in five equal monthly installments of which, the first installment shall be deposited by the petitioner at the time of furnishing bail bond which will be released in favour of the complainant. Similar release will be made by learned court below on subsequent deposit of rest installments.

On deposit of the entire amount of Rs.1,87,050/-

Patna High Court CR. MISC. No.53905 of 2018(7) dt.04-04-2019 3/3 within a period of six months, the provisional bail of the petitioner will be confirmed by the learned Court below. (Dinesh Kumar Singh, J) DKS/- U T