Bamdeb Jadav @ Bamdeb Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55704 of 2025 Arising Out of PS. Case No.-89 Year-2019 Thana- SACHIVALAYA District- Patna ====================================================== 1.

Bamdeb Jadav @ Bamdeb Yadav son of Laxman Jadav @ Laxman Yadav @ Lakshman Jadav Village- Kavi Gauri Sarni, Nandan Park, Ps- Bhela, Kolkata 2.

Bibha Jadav @ Bibha Yadav son of Bamdeb Jadav @ Bamdeb yadav Village- Kavi Gauri Sarni, Nandan Park, Ps- Bhela, Kolkata ... ... Petitioner/s

Versus

1.

The State of Bihar bihar 2.

Priya Saurabh Wife of Vikash Kumar Resident of Flat No. 052 Block c, Ramasish Apartment, gola Road, Ps- Rupaspur, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ankit Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-09-2025 Heard Mr. Ankit Kumar Jha, learned counsel appearing on behalf of the petitioners; Mr. Ram Sevak Choudhary, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Sachivalaya P.S. Case No. 89 of 2019 registered under Sections 406,420,467,468,471,34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioners had to return Rs.7,15,000/- to the informant out of which, they had returned only Rs. 1,02,000/-, which draws prosecution against them under Sections 406, 420, 467, 468, 471, 34 of the Indian Penal Code.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.55704 of 2025(2) dt.09-09-2025 2/3 petitioners submitted that the matter is purely civil in nature, and the petitioners are ready to return back the remaining amount well within a period of three months.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. He submitted that the ingredient of sections 406,420,467,468,471,34 of the Indian Penal Code is made out against the petitioners as from the very beginning the petitioners had tried to deceive the informant and they have benefited a sum of Rs.7,15,000/- from the informant and out of which they had returned only Rs. 1,02,000/-. The FIR was lodged on 24.03.2019 and till date the petitioners have not returned back the remaining amount. In such facts and circumstances, the bail application is fit to be rejected.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and the readiness of the petitioners to return back the entire amount well within a period of three months, the petitioners may appear before the learned District Court, so that the matter can be resolved amicably by way of mediation.

7. The petitioners are directed to appear before the learned District Court on 26.09.2025 sharp at 10:30 a.m.

8. Learned District Court is directed to take necessary

Patna High Court CR. MISC. No.55704 of 2025(2) dt.09-09-2025 3/3 action to refer the matter before the learned mediator of the District Mediation Center.

9. Learned Mediator of the District Mediation Center concerned shall make his/her best efforts to settle the dispute amicably and thereafter submit his/her report before the concerned learned District Court, well within a period of three months, till then, no coercive action shall be taken against the petitioners in connection with the aforesaid case. The informant may also claim interest over and above the principal amount.

10. In case of failure on the part of the petitioners to appear on 26.09.2025 before the learned District Court or any date fixed by the learned Mediator, the interim protection granted to the petitioners shall automatically lose its force. The Superintendent of Police, Patna, in that case, is directed to put the petitioners under custody.

11. In case the parties fail to reconcile then in that case the learned District Court shall proceed with the trial.

12. Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J) Ashishsingh/- U T