Sudama Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4200 of 2018 Arising Out of PS.Case No. -311 Year- 2017 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Sudama Prasad Son of Late Pryas Mahto, Resident of Village-Tarapur, P.S.- Giriyak, District-Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. South Bihar Power Distribution Co. Ltd. Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr.Ram Bachan Singh,A.P.P. Mr. Kunal Tiwary Mr.Anupam Raj Mr.Aniket Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2018 Heard the parties.

Petitioner is apprehending his arrest in Giriyak P.S.Case No.311 of 2017 registered for the offences under Sections 364, and 365 of I.P.C.

Allegation against the petitioner is of theft of electric energy causing loss to the tune of Rs.1,8430/- and it was found for arrear of Rs.1,93,282/- the connection was disconnected. Submission of the learned counsel for the petitioner is that his electric connection was disconnected but now it has been connected and still he is ready to deposit the aforesaid amount, if

Patna High Court Cr.Misc. No.4200 of 2018 (2) dt.02-02-2018 2/2 some time is granted to him.

Heard learned counsel for the Electricity Board, South Bihar Power Distribution Co. Ltd. Patna.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender before the court below within a period of eight weeks from today with Bank Draft of Rs.1/- lac payable to S.B.P.D.C.L. and if so deposited, provisional bail for a period of four months will be granted to the petitioner and he shall pay the rest amount in two installments within every two months. Once this total amount is deposited as mentioned in the F.I.R., the bail bond of the petitioner shall be confirmed otherwise the learned court below will be at liberty to pass an appropriate order as he deems fit and proper. Once the whole amount is deposited the concerned department and petitioner may move before the trial court for disposal of the case, which will be considered by the learned trial court in accordance with law. With the aforesaid observation this application is disposed of.

(Vinod Kumar Sinha, J) AnilKrSinha/- U