Malik Prasad Singh @ Malik Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72104 of 2018 Arising Out of PS. Case No.-354 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Malik Prasad Singh @ Malik Singh Son of Chandra Deep Singh. 2.

Kamla Devi, Wife of Malik Prasad Singh.

3.

Deepak Kumar @ Deepak Singh, Son of Malik Prasad Singh. All are residents of Village- Salepur Kasara, Police Station- Didarganj, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Smt Rinki Sinha W/o Binay Kumar, R/o Mohalla- Shiv Nagar, Road No. 01, Khemnichak, P.S. Ram Krishna Nagar, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Dular Sah For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-04-2019 This case is listed today under the heading "To Be Mentioned".

It has come at the instance of the petitioners and submission is that in para 2 of the order dated 11.04.2019 in place of "Rs.11,55,000/-" it is mentioned as "Rs.33 lacs" and in para-3, it has been mentioned that "they have already returned Rs.11 lacs", but the fact is that "they have not returned Rs.11 lacs" and installment has also not been correctly mentioned.

Heard learned APP as well as learned counsel for the complainant.

Having heard both sides, in view of the submission made

Patna High Court CR. MISC. No.72104 of 2018(5) dt.29-04-2019 2/2 above, in para 2 in place of "Rs.33 lacs" be read as "Rs.11,55,000/-" and in para 3 in place of "they have already return Rs.11 lacs" be read as "they have not returned Rs.11 lacs" and in last paragraph of the order be read as "Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioners to surrender within a period of six weeks from the receipt of this order along with a bank draft of Rs.3.60 lacs payable in the name of opposite party no.2 and once the same is deposited, the petitioners shall be released on provisional bail for a period of five months and during that period, the petitioners will deposit Rs.8 lacs in five equal installments of Rs.1.60 lacs by way of bank draft payable in the name of opposite party no.2 and once the total amount is deposited, the learned court below shall confirm the provisional bail of the petitioners."

It is needless to say that the aforesaid deposit of amount shall be subject to the result of the case.

Let this modified order be communicated to the court concerned and further four weeks' time is allowed to the petitioners for surrender.

(Vinod Kumar Sinha, J) Amjad/- U T