Patna High CourtCR. MISC./65137/2023disposed

Vijay Kumar Raj @ Vijay Raj v. The State Of Bihar

2023-10-18Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65137 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== VIJAY KUMAR RAJ @ VIJAY RAJ, aged about 46 years, Male, Son of Late Shivlal Mahto, Resident of Village-Thahra Gopalpur, Police Station -Tajpur (Waini O.P.), District - Samastipur. At present Office Attendant, Minor Irrigation Division, Sheikhpura, Police Station-Sheikhpura, DistrictSheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-10-2023 Heard Mr. Ranjan Kumar, learned counsel appearing on behalf of the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sheikhpura P.S. Case No. 128 of 2023 dated 04.03.2023 registered for the offence(s) punishable under Sections 419 and 420 of the Indian Penal Code.

3. Allegation against the petitioner is of committing forgery of Rs.1,17,000/-.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has returned the entire amount to the victim, Kumari Pratima Sinha @ Kumari Pratima in

Patna High Court CR. MISC. No.65137 of 2023(2) dt.18-10-2023 2/3 compliance of the order passed by the District Magistrate, Sheikhpura. The said Kumari Pratima Sinha @ Kumari Pratima has acknowledged the same after receiving the entire amount. The parties thereafter have entered into a compromise on 17.06.2023 and copy of said compromise petition has been brought on record by way of Annexure. 4.

5. Learned APP for the State submits that the matter being purely private in nature and the petitioner has claimed that he has returned the amount to the victim in terms of the order passed by the District Magistrate, the petitioner may file the acknowledgment of receipt at the time of filing of the bail bond.

6. Considering the aforesaid submissions made on behalf of the respective parties, the petitioner is directed to be released of provisional bail, after submitting acknowledgment of receipt of acceptance of the amount by the victim, Kumari Pratima Sinha @ Kumari Pratima before the court below within a period of four weeks, at the time of furnishing bail bond on such terms and conditions, as the court below deems fit and proper.

7. In case, the District Court finds that the victim is satisfied with the amount, so received, the provisional bail granted to the petitioner shall be made absolute subject to the

Patna High Court CR. MISC. No.65137 of 2023(2) dt.18-10-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. 8.

With the aforesaid observation/direction, the application stands disposed off.

(Purnendu Singh, J) Sanjay/- U T