Nilotpal Mrinal @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62348 of 2019 In CRIMINAL MISCELLANEOUS No.30948 of 2019 Arising Out of PS. Case No.-1064 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== NILOTPAL MRINAL @ SONU Son of Dr. Virendra Mohan Jha Resident of Village- Harri, P.S.- Rudrapur, District- Madhubani. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rakhi Kumari Wife of Nilotpal Mrinal @ Sonu, Daughter of Gopal Kumar Jha At present resident of Mohalla- Kashipur, Ward No. 12, P.S.- Town, District- Samastipur.

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

For the Petitioner/s :

Mr. Suraj Samdarshi For the Opposite Party/s :

Mr.Sucheta Yadav For O. P. No. 2 :

Mr. Choudhary Shyam Nandan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-11-2019 Heard learned Counsel for the petitioner, learned Counsel for the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

This application has been filed for modification of the order, dated 04.09.2019, passed in Criminal Misc. No. 30948 of 2019, whereby the present petitioner has been granted privilege of anticipatory bail subject to the undertaking given by the petitioner that he will pay to the Opposite Party No. 2 a sum of Rs. 5,000/- per month as living cost of the Opposite Party No. 2.

Patna High Court CR. MISC. No.62348 of 2019(4) dt.06-11-2019 2/3 Learned Counsel for the petitioner submits that both the parties have, now, amicably settled their disputes and the petitioner is ready to pay a sum of Rs. 7,00,000/- to the Opposite Party No. 2-complainant by way of final settlement within a period of three weeks from today in the saving bank account (A/c No. 33028734298, Samastipur Court Campus Branch, State Bank of India) of the complainant-Opposite Party No. 2.

Learned Counsel appearing on behalf of Opposite Party No. 2 accepts the offer made by the petitioner. In view of the above, let the petitioner, Nilotpal Mrinal @ Sonu, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Samastipur, in connection with Complaint Case No. 1064 of 2018, subject to the conditions (i) laid down under Section 438 (2) of the Code of Criminal Procedure, (ii) the petitioner shall annex the proof of making payment of Rs. 7,00,000/- in the bank account of the complainant-Opposite Party No. 2 along with surrender-cumbail application and (iii) both the parties shall withdraw all cases

Patna High Court CR. MISC. No.62348 of 2019(4) dt.06-11-2019 3/3 pending between them after payment of Rs. 7,00,000/- to the complainant- Opposite Party No. 2 by the petitioner. Accordingly, this application is allowed to the extent indicated above.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √