Chhathu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69614 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- ITARHI District- Buxar ====================================================== Chhathu singh Son of Late Sipahi Singh Village- Sarasti, Ps- itarhi, DistBuxar ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr.Kamal Deo Sharma For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-04-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Itarhi P.S. Case No. 77 / 2023 dt. 17.03.2023 registered under Section 420, 406 of the I.P.C.
3. As per the first information report the petitioner borrowed a sum of Rs. 32,20,000/- from informant for purchase of JCB. The aforesaid amount was given by the informant to the petitioner on promise of the petitioner that he would pay back the amount in 3 to 4 days. The petitioner returned a sum of Rs. 4,00,000/- on 26.11.2021 but the rest amount was not returned to the informant by the petitioner.
4. Learned counsel for the petitioner submits that it is true that petitioner had taken a loan of Rs. 32,20,000/- but he incurred loss in the business and could not repay the amount.
Patna High Court CR. MISC. No.69614 of 2024(3) dt.09-04-2025 2/3 However, the matter was sent for mediation between the parties and the mediator has submitted mediation report incorporating the terms of settlement between the parties. Paragraph no. 2 of the agreement between the parties is quoted hereinbelow:- "2. That both the parties agreed that the aforesaid amount shall be paid in three installments and the first installment of Rs. 5,00,000/- (Rupees Five Lacs) shall be paid on or before 15.11.2024 through in the name of Satyam Kumar Tiwari, current account no. 50200047876650, IFSC CodeHDFC0001652, HDFC Bank Buxar Branch. Next second installment of amount shall be paid Rs. 5,00,000/- (Rupees Five Lac) on or before 30.01.2025 and further last and final installment Rs. 11,00,000/- (Rupees Eleven Lacs) shall be paid on or before 30.06.2025."
5. Learned counsel for the informant submits that petitioner failed to abide by the terms and conditions of the agreement and only paid a sum of Rs. 5,00,000/- as first installment and other two installments of Rs. 5,00,000/- and Rs. 11,00,000/- have not been paid as yet. He further submits that from the very inception intention of the petitioner was to deceive and cheat the informant of his hard earned money.
6. Learned counsel for the petitioner submits that he consulted his client for payment of 2nd and 3rd installment but he
Patna High Court CR. MISC. No.69614 of 2024(3) dt.09-04-2025 3/3 refused to pay the same.
7. Having regard to the submissions made by the parties, taking into consideration the fact that petitioner voluntarily entered into agreement with the informant to pay back the entire amount in installments but now he turned around and refused to pay the amount accordingly I am not inclined to grant anticipatory bail to the petitioner. The application is dismissed. (Anil Kumar Sinha, J) praful/- U T