Manoj Yadav @ Manoj Prasad Yadav @ Gurusharan @ Gulshan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65711 of 2023 Arising Out of PS. Case No.-867 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== Manoj Yadav @ Manoj Prasad Yadav @ Gurusharan @ Gulshan Yadav Son Of Late Gajendra Yadav @ Late Gajendra Prasad Yadav Resident Of Village - Belha Ghat, Ward No.01, P.S. And District - Madhepura ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bam Bahadur Jha For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is languishing in custody in a case registered the offences punishable under Sections 406, 417, 420, 504, 506/34, 120(B) of the Indian Penal Code.

It is alleged against the petitioner that he took Rs. 7 lakhs to the informant for executing a sale-deed in respect of a land in question but neither sale-deed was executed nor money was returned and when the informant demanded her money back, the accused

Patna High Court CR. MISC. No.65711 of 2023(4) dt.03-01-2024 2/3 persons including the petitioner abused and threatened of dire consequences.

It is submitted by learned counsel for the petitioner that petitioner and the informant have compromised the matter. The petitioner undertakes to return Rs. 4,50,000/-(Four Lakhs & Fifty Thousands) to the informant in seven equal installments each of Rs. 50,000/- per month. The petitioner also undertakes that at the time of furnishing the bail bonds, he shall pay Rs. 1,00,000/-(One lakh) to the informant. A statement to that effect has been made in para 3 of the supplementary affidavit. The petitioner is languishing in custody since 03.07.2023.

The learned counsel appearing on behalf of the informant does not controvert the aforesaid submissions of the learned counsel for the petitioner.

Considering the fact that both sides have amicably decided to settle the dispute and steps have been taken to finally resolve the dispute between the

Patna High Court CR. MISC. No.65711 of 2023(4) dt.03-01-2024 3/3 parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 867 of 2021.

The informant will be at liberty to file appropriate application before leaned Court below for cancellation of the bail bonds of the petitioner, if the petitioner fails to comply the undertaking given before this Court.

The aforesaid payment will be subject to the final outcome of the case.

(Sunil Kumar Panwar, J) Shageer/- U T