Kamla Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15540 of 2018 Arising Out of PS.Case No. -382 Year- 2016 Thana -DANAPUR District- PATNA ======================================================
1. Kamla Devi, W/o Bishnu Dayal Pandit, resident of village- Ashopur, P.S.- Danapur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ajay Kumar, son of late Dhanpat Rai, resident of village- Ashopur, P.S.- Danapur, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP Mr. Alok Kumar Alok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 02-07-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner apprehends his arrest in Danapur P.S. Case No.382 of 2016 instituted for the offence under Section(s) 406, 420, 120, 466, 471/34 Indian Penal Code. After some argument, counsel for the petitioner submits that he is ready to return rupees five lac to the Informant/Complainant, which has been received by her at the time of sale agreement subject to final outcome of the case. Counsel for the Informant/Complainant submits that he has no objection.
In such circumstances, this application is disposed off with direction to the petitioner to surrender before the Court
Patna High Court Cr.Misc. No.15540 of 2018 (4) dt.02-07-2018 2/3 below Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Danapur P.S. Case No.382 of 2016, within a period of eight weeks from the date of receipt of copy of this order along with valid receipt showing payment of rupees five lac to the Informant/Complainant by Demand Draft and, in that event, the Court below will release the petitioner on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to its own satisfaction of the subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
The aforesaid payment made by the petitioner to Informant will be subject to final decision of the case. The Informant will take appropriate steps in the Court below after receiving the amount of rupees five lac from the petitioner to
Patna High Court Cr.Misc. No.15540 of 2018 (4) dt.02-07-2018 3/3 expedite and conclude the trial expeditiously in accordance with law.
(Sanjay Priya, J) JA/- U T