Om Hari Singh @ Oam Hari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78200 of 2024 Arising Out of PS. Case No.-1463 Year-2019 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== Om Hari Singh @ Oam Hari Singh S/o Kavilash Singh Resident of VillageSevai Tola, PS- Nawanagar, Distt.- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanjay Kumar S/o Late Vijendra Prasad R/o vill - Tar, P.S. - Agion Bazar, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyapal Singh, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Complaint case no. 1463(C) of 2019, disclosing offences punishable under Section 417 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the complaint filed by complainant, is that father of the complainant gave Rs. 1,50,000/- to the petitioner for purchasing cement and iron rods but neither the materials were supplied nor the money has been returned.

4.

Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.78200 of 2024(2) dt.03-12-2024 2/3 without prejudice to the right and contention of the petitioner, the petitioner is ready to return a sum of Rs. 1,50,000/- to the complainant in 10 equal instalments. Learned counsel further submits that the complaint was lodged after delay of 08 years and cognizance has been taken on 11.08.2021.

5.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is voluntarily ready to return a sum of Rs. 1,50,000/- in favour of opposite party no. 2 in instalments, I am inclined to grant the privilege of anticipatory bail to the petitioner, subject to the condition that Rs. 1,50,000/- shall be paid by the petitioner, by way of bank draft and/or digital mode in favour of complainant in 10 equal instalments. The first instalment of Rs. 15,000/- shall be paid by the petitioner to the complainantopposite party no. 2, by way bank draft and/or digitally at the time of furnishing bail bond. The rest amount shall be paid in nine equal instalments, within a total period of one year. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.78200 of 2024(2) dt.03-12-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Complaint case no. 1463(C) of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T