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Patna High CourtCR. MISC./57323/2021disposed

Dinesh Kumar Singh v. The State Of Bihar

2022-09-21Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57323 of 2021 Arising Out of PS. Case No.-331 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== DINESH KUMAR SINGH S/o Arjun Singh Resident of Jagriti Niwash Near Mission School, P.S.- Aurangabad (Town), District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Patanjali Pathak S/o Gangadutt Pathak Resident of Pali Road, Dehri-onsone, P.S.- Dehri, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP For the Informant/s :

Mr. Kalendra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-09-2022 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

Learned senior counsel for the informant, at the outset, submits that he has no intention to oppose the bail of the petitioner, provided the petitioner is willing to repay Rs. 2, 40,000/- to the informant on which the learned senior counsel submits that petitioner is willing to repay the said amount but seeks sometime.

Patna High Court CR. MISC. No.57323 of 2021(4) dt.21-09-2022 2/3 Learned senior counsel next submits that once the amount is paid to the informant then the informant should also file a compromise petition in the learned trial court so that the case come to an end and at the same time the informant should also return the cheques as mentioned in Annexure-B to the counter-affidavit at page 10, to which the learned counsel for the informant agrees based on instruction.

Learned senior counsel submits that the petitioner be granted two months time for repaying the entire amount of Rs. 2,40,000/-, it is also submitted that petitioner would repay the entire amount by 20.11.2022, on which the learned counsel for the informant submits that he will WhatsApp, the account no. of the informant, on the WhatsApp no. of the learned advocate on record in which the said amount shall be deposited. Since the parties have reached at an amicable solution based on instruction of the client, as such, in the event, of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Aurangabad

Patna High Court CR. MISC. No.57323 of 2021(4) dt.21-09-2022 3/3 (Town) P.S. Case No. 331 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further, if the petitioner is not able to produce documents relating to payment to the informant in the learned trial court by 20.11.2021, the learned trial court shall forthwith cancel the bail bonds of the petitioner after recording reasons. (Satyavrat Verma, J) Shivam/- U T