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Patna High CourtCR. MISC./50547/2023bail granted

Amit Kumar v. The State Of Bihar

2024-07-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50547 of 2023 Arising Out of PS. Case No.-364 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.

AMIT KUMAR SON OF RADHE PAUDAR RESIDENT OF VILLAGE - KARIM NAGAR, P.S. - MOHIUDDIN NAGAR, DISTRICT - SAMASTIPUR 2.

DINESH KUMAR PODDAR SON OF RADHE PAUDAR RESIDENT OF VILLAGE - KARIM NAGAR, P.S. - MOHIUDDIN NAGAR, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. Awadhesh Kumar S/o Sivji Sahni Vill Rahmatpur, P.S. Mufassil District Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a complaint case punishable for the offence under Section 406 of the Indian Penal Code.

3. Earlier, vide order dated 01.11.2023, the matter was referred to Mediation & Conciliation Centre of Patna High Court to explore the possibility of settlement between the parties and vide report dated 24.07.2024, the Mediator has reported that the dispute between the parties has been resolved amicably through the process of mediation and petitioner offered to pay

Patna High Court CR. MISC. No.50547 of 2023(4) dt.29-07-2024 2/2 Rs. 90,000/- (ninety thousand), as full and final settlement. These facts have been mentioned in Memorandum of Agreement dated 23.07.2024 attached with Mediator's report (flag 'M').

4. In view of aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, as named above, be enlarged 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 J.M. 1st Class Samastipur in connection with Complaint Case No. 364 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that petitioner shall abide by all the terms & conditions, mentioned in Memorandum of Agreement dated 23.07.2024 before the Mediation Centre, failing which, learned Court below shall be at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) anay/- U T