Dinesh Pathak @ Umesh Pathak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7096 of 2017 Arising Out of PS.Case No. -583 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dinesh Pathak @ Umesh Pathak S/o Late Rudra Narayan Pathak Resident of Village - Gudari Bazar, P.O. + P.S. - Bagaha, District - West Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Binod Kumar S/o Rameshwar Prasad Resident of Village - Bagaha, Marwari Bazar, P.O. + P.S. - Bagaha, District - West Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. P.K. Shahi, Sr. Advocate Mr. Sanjeev Kumar, Advocate.

For the State : Mr. Iftekhar Mahmood, APP For the Opp.party no.2 : Mr. Ramakant Sharma, Sr. Advocate Mr. Bajarangi Lal, Advocatae Mr. A.K. Ghosh, Advocaate.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2017 Reply to the counter affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Opposite party no.2.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Complaint Case No. C583 of 2016 for the offences punishable under sections 420 and 467 of the I.P.C.

The petitioner and the Opposite party no.2 both are present with their learned counsels.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.7096 of 2017 (4) dt.10-03-2017 2/2 both the parties have settled the dispute amicably. The petitioner will return the consideration amount of Rs. 6,00,000/- to the opposite party no.2, the complainant, within six months and the first installment will be Rs. 50,000/- which will be paid in this month. The opposite party no.2 will execute the sale deed in favour of the petitioner or the person whom the petitioner will name and within six months the entire consideration amount of Rs.6,00,000/- will be paid.

In the light of the aforesaid undertaking the petitioner, in case of his arrest or surrender within six weeks from the date of receipt/production of a copy of this order shall be released on provisional bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. A.C.J.M. Bagaha, West Champaran in connection with above mentioned case, and after return of the whole consideration amount of Rs. 6,00,000/- and further after execution of the sale deed by the opposite party no.2 in favour of the petitioner or his nominee the bail bond of the petitioner shall be confirmed by the learned court below itself, failing which the bail order granted shall be deemed to be cancelled. (Jitendra Mohan Sharma, J) Abhay/- U T