Nirekhan Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18486 of 2016 Arising Out of PS.Case No. -973 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Nirekhan Rai Son of Shiv Pujan Rai, resident of village - Habaspur Dera, P.S. Akilpur, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Arun Rai Son of Vasudeo Rai, resident of New Punai Chak (Boring Canal Road), P.S. Kotwali, District - Patna, presently resident of Habaspur Dera, P.S. Akhilpur, District - Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Rajeev For the Opposite Party/s : Mr. Manoj Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner, counsel for the State and counsel for the opposite party No. 2. Admittedly, the petitioner has deviated from his undertaking which he has given in the court below and before this Court also.
This Court has asked the petitioner to file an affidavit giving the break up, in what manner, he will return the remaining amount i.e. Rs. 3,25,000/- to the opposite party no. 2. In paragraph 6 of the supplementary affidavit, the counsel for the petitioner has stated that the petitioner will pay the first instalment in 1st week after one month from the date of the
Patna High Court Cr.Misc. No.18486 of 2016 (6) dt.28-09-2016 2/2 order and the remaining amount he will pay in 1st week of every consecutive month and he wants to make payment in nine equal instalments.
This Court is agreeable for payment in terms of the statement made in paragraph 6 of supplementary affidavit, but instead of nine instalments, the petitioner must pay the remaining amount in six instalments. In failure to pay the same, the bail of the petitioner will be deemed to have been cancelled. During the period of payment, the petitioner will have liberty to take benefit of the bail. After entire payment the provisional bail to be treated to have been confirmed. Accordingly, the present case is disposed of. (Shivaji Pandey, J) Mahesh/- U T