Lal Bahadur Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1705 of 2016 Arising Out of PS.Case No. -341 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Lal Bahadur Chaudhary son of Late Ram Kishun Chaudhary Resident of Village- Ban Ke Bahuwara, P.S.- Kudhani, District- Kaimur at Bhabhua. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

The prosecution case is that the petitioner and co accused Vijay Bahadur Choudhary agreed to transfer the land pertaining to Khata no. 43, Plot no. 325 area six decimals in favour of the informant on 10.8.2015 on consideration amount of rupees three lacs but ultimately the sale deed was not registered. On the joint prayer of the parties, the matter was referred to the Mediation Centre of Bihar State Legal Services Authority vide order dated 13.1.2016. The report of the Mediator at Flag B reflects that the petitioner has already paid rupees twenty

Patna High Court Cr.Misc. No.1705 of 2016 (3) dt.14-03-2016 2/2 thousand to the O.P. No. 2 and is ready to return Rs.2,10,000/- in seven equal monthly installments to be paid on or before 10th day of every succeeding month. On return of Rs.2,10,000/- the informant agreed to withdraw all the three cases filed against the petitioner and others. This contention of learned counsel for the petitioner is not being controverted by the learned counsel for the informant.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Kaimur at Bhabua in connection with Mohania P.S. Case No. 341 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the report of the Mediator along with the memorandum of agreement between the parties be transmitted to the learned court below.

(Dinesh Kumar Singh, J) Anil/- U T