Nirmal Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54338 of 2024 Arising Out of PS. Case No.-526 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Nirmal Kumar Pathak Son of Late Kamlesh Pathak R/O Vill.- Suryadeo Nagar, Manpur, P.s.- Mufassil, Dist.- Gaya.

2.

Chanda Devi Wife of Nirmal Kumar Pathak R/O Vill.- Suryadeo Nagar, Manpur, P.s.- Mufassil, Dist.- Gaya.

3.

Pankaj Kumar Pathak @ Pankaj Kr. Son of Nirmal Kumar Pathak R/O Vill.- Suryadeo Nagar, Manpur, P.s.- Mufassil, Dist.- Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Pammi Kumari Wife of Divya Saurabh R/O Mohalla- Pathak Ghat, Moldiyar Tola, P.O. and P.S.- Mokama, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar, Adv.

For the State :

Mr. Syed Mojibur Rahman, APP For the Informant :

Mr. Kumar Shanu, Adv.

Mr. Kumar Abhishek, Adv.

Mr. Shubham, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-06-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

3. The allegation in the FIR is that after taking an amount of Rs. 10,25,000/- from the informant for transferring a land in her favour, the same was not mutated and some land out of the same had already been sold.

Patna High Court CR. MISC. No.54338 of 2024(5) dt.30-06-2025 2/3

4. Learned counsel for the petitioners submits that the informant is the own daughter of petitioner nos. 1 & 2 and sister of petitioner no.3 and owing to the relationship between the informant and the petitioners, they had been sent before the Patna High Court Mediation Centre for resolving the issues between them. It would appear from the Memorandum of Agreement dated 20.03.2025 passed in Mediation Proceeding No. 171 of 2025 that the parties have amicably settled the disputes and have reached a mutual agreement under the terms and conditions as enumerated in the said Memorandum of Agreement.

5. Learned counsel appearing for the informant also supports the said Memorandum of Agreement.

6. Considering the entire facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioners who have no criminal antecedent. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mufassil P.S. Case No. 526 of 2023,

Patna High Court CR. MISC. No.54338 of 2024(5) dt.30-06-2025 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.

7. It is expected that the payments would be made as per the schedule in paragraph 6(1), that is, the last installment would be positively made between 1st-15th December, 2025.

8. Accordingly, the application is disposed of. (Soni Shrivastava, J) divyanshi/- U T