Manjoor Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81835 of 2023 Arising Out of PS. Case No.-434 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== MANJOOR ALAM S/O MD. ISLAM ABBASI RESIDENT OF VILLAGE - BAANK, P.S. AKORHI GOLA, DISTRICT- ROHTAS ... ... Petitioner/s
Versus
1. The State of Bihar
2. Sabina Khatoon, W/o Late Mansur Alam, resident of village Baank, P.S. Akorhi Gola, District Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mithilesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no. 2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
3. Learned counsel for the petitioner, at the outset, admits that he had taken Rs.1 lakh from the opposite party no. 2 and is also willing to repay the same but then seeks four months' time for clearing the entire dues. It is further submitted that the entire dues shall be paid on or before 18.08.2024.
4. Learned counsel appearing on behalf of the opposite party no. 2 submits that since petitioner has agreed to return the entire dues as such for the present she is not opposing
Patna High Court CR. MISC. No.81835 of 2023(4) dt.18-04-2024 2/3 the prayer for anticipatory bail of the petitioner.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 434 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that the provisional anticipatory bail bonds of the petitioner shall be accepted only when the petitioner repays Rs.25,000/- to the opposite party no. 2 on the date of surrender and if the entire dues is not paid by 18.08.2024 in that event the learned court below shall forthwith cancel the provisional anticipatory bail of the petitioner and shall ensure that petitioner is put behind bar but if the petitioner repays the entire dues as agreed by 18.08.2024 in that event the provisional anticipatory bail bonds shall be accepted on the
Patna High Court CR. MISC. No.81835 of 2023(4) dt.18-04-2024 3/3 same terms and conditions.
8. Learned counsel appearing on behalf of the opposite party no. 2, at this stage, submits that if the entire dues is paid as agreed by the petitioner in that event the opposite party no. 2 shall withdraw the present complaint case. (Satyavrat Verma, J) Kundan/- U T