Kaushaleya Nand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80430 of 2023 Arising Out of PS. Case No.-453 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== KAUSHALEYA NAND SHARMA S/O LATE BABU NATH OJHA VILLAGE- INDERPURI, PS. BETTIAH TOWN (KALIBAGH O.P.), DIST. WEST CHAMPARAN ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

DR. ALI IMAM S/O LATE SHEKH RAHMAN VILLAGEGURCHURAWA, PS. MAJHAULIA, DIST. WEST CHAMPARAN. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Madan Kumar Mr.Shiv Kumar Dwivedy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner, State and informant/opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 406/420 of the Indian Penal Code.

3. By way of filing supplementary affidavit, learned counsel for the petitioner submits that petitioner is ready to refund Rs. 9,53,500/- (Rupees nine lacs fifty three thousand five hundred) in 12 equal installments, for which, learned counsel for the opposite party no. 2 does not oppose.

4. Considering the aforesaid facts and circumstances,

Patna High Court CR. MISC. No.80430 of 2023(3) dt.19-03-2024 2/3 let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 453 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further following conditions:

"(A) At the time of furnishing bail-bond, the petitioner shall deposit Rs. 1,00,000/- (one lacs) through Bank Draft / cash in the Nazarat of Civil Court, Bettiah, (B) Rest amount i.e. Rs. 8,53,500/- (eight lacs fifty three thousand five hundred) shall be deposited in the Nazarat of Civil Court, Bettiah in 12 (twelve) equal installments of Rs. 71,125/- (seventy one thousand one hundred twenty five) within a period of two years from the date of furnishing bailbond. (C) The aforesaid payment shall be subject to final outcome of the case.

(D) If petitioner fails to comply the direction of this Court, the learned Court below would be at liberty to cancel

Patna High Court CR. MISC. No.80430 of 2023(3) dt.19-03-2024 3/3 the bail-bond of the petitioner."

(Prabhat Kumar Singh, J) anay U T