Prabhash Kumar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51921 of 2015 Arising Out of PS.Case No. -205 Year- 2015 Thana -PATLIPUTRA District- PATNA ======================================================

1. Prabhash Kumar, S/o Phuleshwar Yadav, Managing Director of Prashambhi Construction Pvt. Ltd.

2. Anima Bharti W/o Sri Prabhash Kumar

3. Dilip Kumar alias Dilip Narayan S/o Phuleshwar Yadav All permanent resident of Bihari Ganj, District Madhepura Presently residing at ii/5 Viveka Nand Park, Patliputra Colony, P.O.+P.S.- Patliputra, District and Town- Patna.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Santosh Kumar Singh, Advocate.

For the Opposite Party : Mr. P.K. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2016 Heard both sides.

The petitioners apprehend their arrest in Patliputra P.S. Case No. 205 of 2015 registered for the offences punishable under Sections 420, 406, 467, 468, 471 and 34 of the Indian Penal Code. The petitioners are builders and the informant is a purchaser of flat. The informant made allegation on nonconstruction of work and even after issuing money the petitioners did not handover the flats to the purchasers. It is submitted that the case has now been compromised. A compromise petition has been filed. The dispute between the flateers and builders has already been resolved according to their

Patna High Court Cr.Misc. No.51921 of 2015 (5) dt.21-06-2016 2/2 terms and conditions.

Considering the facts aforesaid and the fact that the dispute is of civil nature and the matter has already been compromised, the petitioners in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in Patliputra P.S. Case No. 205 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T