Shail Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54891 of 2024 Arising Out of PS. Case No.-1168 Year-2023 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Shail Devi W/O Arun Kumar Sharma R/O Village- Shiopur, Chhapra, P.SSahar, Distt.- Bhojpur. At Present-Block Colony, Fazalganj, Sasaram, P.SSasaram (Town), Distt.- Rohtas. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Mithilesh Kumar S/O Late Raj Govind Singh R/O Village- Chandanpura, Ps- Sheosagar, Distt.- Rohtas.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 76046 of 2024 Arising Out of PS. Case No.-1168 Year-2023 Thana- ROHTAS COMPLAINT CASE District- Rohtas ====================================================== Arun Kumar Sharma S/o- Late Janandan Sharma Resident of Block Colony, Fazalganj PS- Sasaram Town District- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mithilesh Kumar S/o- Late Raj Govind Singh Village- Chandanpura PS-Shiv Sagar District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 54891 of 2024) For the Petitioner/s :
Mr.Babu Nandan Prasad For the Opposite Party/s :
Mr.Madan Kumar (In CRIMINAL MISCELLANEOUS No. 76046 of 2024) For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 03-03-2025 In pursuance to the direction of the court, both parties appeared in person, in chambers, along with their
2/4 respective counsels.
2. The petitioners have filed the instant application for apprehending his arrest in a case registered for the offences punishable under Sections 420 of the Indian Penal Code and Section 138 of N.I. Act.
3. During course of argument, learned counsel for the petitioner submitted that the case was earlier referred to mediation centre where the case was settled but the terms of payment of Rs. 10,20,000/- (ten lakh twenty thousand rupees) was in dispute. So, the matter could not be settled.
4. During course of argument in chambers, the petitioner along with their respective counsels agreed to pay the entire amount ie. Rs. 10,20,000/- (ten lakh twenty thousand rupees) in following manner :- "One lakh installment per month by 10th of the day and last installment ie. 9th installment, he will pay Rs. 2, 20,000/-".
5. Having heard learned counsel for the parties
3/4 and considering the above facts considering the above averments of the petitioners, it shows its bona fide intention one of petitioners, this Court is inclined to enlarge the petitioners on provisional bail. The above named petitioners are directed to be enlarged on provisional bail in connection with Complaint Case No. 1168 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sasaram, Rohtas.
8. The bail bonds of the petitioners will be accepted on showing the receipt of Rs.1,00,000/- (one lakh rupees) by the petitioner in favour of the complainant.
9. Complainant is directed to furnish his account number to the petitioner so as to enable him to make payment.
10. Trial court is at liberty to confirm the provisional bail of the petitioners after verifying the
4/4 receipt of payment of entire amount ie. Rs. 10,20,000/- by the petitioner in the account of complainant.
11. The application stands disposed off.
(S. B. Pd. Singh, J) Nirajkrs/- U T