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Patna High CourtCR. MISC./48976/2018disposed

Ashok Kumar Singh v. The State Of Bihar

2018-10-03Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48976 of 2018 Arising Out of PS.Case No. -568 Year- 2015 Thana -DANAPUR District- PATNA ======================================================

1. Ashok Kumar Singh, son of Sri Nageshwar Singh, resident of Irgu Toli, Kailash Nagar Lane, Police Station Sukhdeo Nagar, District- Ranchi (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner, O.P. No. 2 as well as the State.

The petitioner apprehends his arrest in Danapur P.S. Case No. 568/2015, instituted for the offence punishable under Section 406/34 of the Indian Penal Code.

Earlier prayer for anticipatory bail of the petitioner was rejected vide order dated 02.01.2018 passed in Cr. Misc. No. 12113/2016.

The present petition has been filed on the ground that both the parties have entered into compromise. This Court therefore not inclined to grant anticipatory bail to petitioner.

Learned counsel for O.P. No. 2 has submitted that both

Patna High Court Cr.Misc. No.48976 of 2018 (6) dt.03-10-2018 2/2 parties have agreed that petitioner will make payment of Rs. 2 lacs for damage and loss of the property of informant as mentioned in the written report.

Learned counsel for the petitioner has submitted that petitioner is ready to make payment of the aforesaid amount. In view of such, this application is disposed of with direction to the petitioner to surrender before the learned Addl. Chief Judicial Magistrate 1st, Danapur, Patna in connection with Danapur P.S. Case No. 568/2015 within a period of four weeks from the date of receipt of this order with valid receipt showing payment of Rs. 2 lacs to informant by demand draft and in that event the court below will pass appropriate order in accordance with law preferably on same day without being prejudiced by this order. The informant after receiving the payment of money will take appropriate steps for final disposal of case on the basis of compromise entered into between the parties and the court below will dispose off the case expeditiously.

(Sanjay Priya, J.) Rakhi U T