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Patna High CourtCR. MISC./60470/2019bail granted

Pankaj Kumar v. The State Of Bihar

2020-03-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60470 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== PANKAJ KUMAR Son of Bhola Nath Vishwakarma Resident of Mohalla - Lohar Ke Neem, P.S.- Sasaram (T), District- Rohtas ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Namrata Nidhi D/O - Ashok Sharma Resident of Mohalla - Kajipura, Sasaram, P.S.- Sasaram (T), District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 498A of the Indian Penal Code and Section 4 of the D.P.Act registered in connection with Complaint Case No. 69/2018.

3. It is submitted that the petitioner has been falsely implicated and the allegations in the FIR are denied. In any event the disputes are now been amicably settled between the parties in terms of one time settlement by way of payment of Rs. 2,25,000/- by the petitioner to the opposite party no. 2 and on terms and conditions enumerated in the agreement dated 28.01.2020 in Mediation Proceeding No. 1314 of 2019. A demand draft no. 110510 dated 27.01.2020 of Madhya Bihar Gramin Bank towards the first agreed instalment of Rs. 1,25,000/- enclosed with the mediation report aforesaid has been handed over to learned counsel for the OP No. 2 in Court today, which has been accepted by him. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court CR. MISC. No.60470 of 2019(5) dt.04-03-2020 2/2 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SDJM, Sasaram, in connection with Complaint Case No. 69/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T