Nand Kishore Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7318 of 2016 Arising Out of PS.Case No. -257 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nand Kishore Prasad, son of Brijesh Prasad @ Brijesh Kumar Gupta @ Vijay Kumar Gupta, resident of Chanpatiya Ward No.- 7, P.S. Chanpatiya, District- West Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Hirday Pd.Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2016 Heard learned counsel for the petitioner, learned APP for the State as also learned counsel appearing on behalf of the informant.
Petitioner apprehends arrest in connection with Chanpatiya P.S. Case No. 257/15 for offences alleged under Sections 406, 420, 421, 424 of the Indian Penal Code. The matter was referred to Mediation and Conciliation Centre of the State Legal Services Authority on 18.02.2016 by the order of this Court. Both parties appeared before the Mediator of the Patna High Court Mediation Centre and an agreement has been entered into between the petitioner and the informant that the petitioner shall pay a sum of Rs. 2 lakhs till
Patna High Court Cr.Misc. No.7318 of 2016 (3) dt.11-05-2016 2/2 31.03.2017 in the State Bank of India Account No. 11550009174 at Chanpatia Branch, standing in the name of informant Rajesh Prasad. It has also been stated that after payment both parties will withdraw their respective cases i.e. Money Suit No. 08/15 and the present case i.e. Chanpatiya P.S. Case No. 257/15. In view of the resolution between the petitioner and the informant, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight 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 A.C.J.M. Vth, West Champaran at Bettiah, in connection with Chanpatiya P.S. Case No.
257/15, subject to the conditions as laid down under Section 438(2) Cr.P.C. However, it is made clear that if it is brought to the notice of the learned court below that the petitioner has not honoured his commitment and has not deposited a sum of Rs. 2 lakhs within the time as agreed i.e. 31.03.2017, the learned court below will be at liberty to cancel the bail bonds of the petitioner without being prejudiced with this order.
(Nilu Agrawal, J.) Rajesh/- U T