Raju Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56530 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Raju Kumar, Son of Late Vinod Kumar, Resident of Village/MohallaMahavir Nagar, Ward No.19, Raxaul, Police Station- Raxaul, District- East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kapildeo Prasad, Son of Late Munnu Sah, Resident of Village- Raxaul, P.S.- Raxaul, District- East Champaran, Proprietor Shree Jewellers, Patel Path, Raxaul, P.S.- Raxaul, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Tondon For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and counsel for the State.

Today a draft of Rs. 1,50,000/- issued by the Canara Bank dated 26.10.2018 has been handed over to the counsel for the opposite party no.2. Learned counsel for the petitioner submits that the petitioner will pay in total Rs. 8,00,000/- to the opposite party no.2. Already he has given a cheque of Rs. 1,50,000/- lacs, rest of the amount of Rs. 6,50,000/-, he will pay in five equal installments within a period of six months from today and the payment of 1st installment will be paid in the 1st week of January, 2019, in a similar manner, he will go on making payment in 2nd week of February, 2019 and onwards. If

Patna High Court Cr.Misc. No.56530 of 2018(6) dt.28-11-2018 2/2 the petitioner fails to make payment of any of the installments, any protection granted to the petitioner will be treated to have been withdrawn.

With the aforementioned terms and conditions, let the petitioner, namely, Raju Kumar, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul at Motihari in connection with Trial No. 2569 of 2018 arising out of Complaint Case No. C-96 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled and one of the bailors will be close family relative of the petitioner.

(Shivaji Pandey, J) rishi/- U T