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Patna High CourtCR. MISC./36366/2018disposal with observation

Sanat Kumar Paswan @ Sant Kumar Paswan v. The State Of Bihar

2018-09-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36366 of 2018 Arising Out of PS.Case No. -324 Year- 2014 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Sanat Kumar Paswan @ Sant Kumar Paswan son of Ramashray Paswan, resident of Village- Asgaon, Police Station- Bahadurpur, DistrictDarbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha, Adv. For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2018 The petitioner is apprehending his arrest in connection with Bahadurpur P.S. Case No. 324 of 2014, registered for offences punishable under Sections 420, 406 and 34 of the Indian Penal Code.

Allegation against the petitioner as per complaint petition is that the petitioner has taken Rs. 2,50,000/- for executing a sale deed with respect to a piece of land, however, he has not executed the sale-deed and not returning the money and 3 cheques of Rs. 50,000/- given by the petitioner have been dishonored by the bank. Submission of learned counsel for the petitioner is that he is still ready to pay the money if some reasonable time is granted to the petitioner.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court Cr.Misc. No.36366 of 2018 (4) dt.17-09-2018 2/2 informant.

Having heard both sides, in view of the facts and circumstances as stated above, let petitioner surrender within a period of six weeks from the date of receipt of this order alongm with a Bank Draft of Rs. 50,000/- payable in favour of the opposite party no. 2, and the court below after verifying the same shall release the petitioner on provisional bail for a period of four months, during which period, the petitioner shall deposit the rest of the amount of Rs. 2,00,000/- in four equal installments of Rs. 50,000/- each before the court below in the first week of every month, which will be released in favour of complainant and once the whole amount is paid, the bail bond of the petitioner shall be confirmed and failure to pay any of the installments shall make the petitioner liable for cancellation of his bail bonds. The amount so deposited by the petitioner shall be subject to the outcome of the case.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) sunil/Amjad/- U T