Raushan Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18347 of 2018 Arising Out of PS. Case No.-134 Year-2017 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Raushan Raj, Son of Arun Singh, Resident of Village- Ghantadih, P.S.- Magadh Vishwavidayalaya, District- Gaya.

... ... Petitioner/s

Versus

1.The State of Bihar.

2. Praween Kumar S/o- Ghanshyam Sharma, resident Kashthua, P.S. Paraiya, district- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Gupta For the Opposite Party/s :

Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-06-2018 Heard learned counsel for the petitioner learned counsel for the informant and learned counsel for the State. Petitioner apprehends his arrest in Magadh Vishwavidayalaya P.S. case no. 134 of 2017 instituted for the offence under Sections 406, 420, 467, 468 and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that he is ready to make payment of Rs. 4,00,000/- which is alleged to have been received by him from the informant. He, however, makes prayer that some installment may be fixed for making payment to the informant.

The informant has no objection to such submission

Patna High Court Cr.Misc. No.18347 of 2018(3) dt.27-06-2018 2/3 of the petitioner. It is further submitted that informant will have liberty to make demand of the remaining amount from the other persons who are also accused in this case.

In such circumstances, the application is disposed off with direction to the petitioner to surrender before the Court below i.e. ACJM-IX, Gaya in connection with Magadh Vishwavidayalaya P.S. case no. 134 of 2017 within a period of eight weeks from the date of receipt/production of a copy of this order along with valid receipt to show that he has paid the first installment of Rs. 1,00,000/- (One Lakh) by way of demand draft to the informant and also an affidavit that he will make payment of remaining amount in six installments and in that event the Court below will release the petitioner on provisional anticipatory bail to its own satisfaction for a period of six months, subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.18347 of 2018(3) dt.27-06-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. The petitioner will make payment of the remaining amounts in installments by demand draft and after submitting valid proof of making payment of entire amount of Rs. 4,00,000/- within aforesaid period, the Court below will confirm the provisional anticipatory bail of the petitioner. It is made clear that in the event the petitioner does not surrender with valid receipt showing payment of the amount of first installment as indicated in the order above or in the event of making default in payment of single installment, the Court below will be at liberty to pass appropriate order in accordance with law including cancellation of bail bond of the petitioner. The payment made by the petitioner to informant will be subject to the final decision of the case. The application is disposed off.

(Sanjay Priya, J) shyambihari/- U T