Mantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87216 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- MAHILA PS District- Buxar ====================================================== MANTU KUMAR S/O DHARMDEO SINGH @DHARMDEV SONGH R/O VILLAGE- MAHAVIRGANJ, P.S- DAWAT, DISTRICT- ROHTAS ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Beby Kumari D/O Virbahadur Singh R/O Vill- NawADera, P.O - Purana Bhojpur, P.S- Naya Bhojpur (Dumraon ), Dist- Buxar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, APP For the O.P. No. 2 :
Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-05-2025
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the opposite party no.2.
2. The petitioner apprehends his arrest in connection with Buxar Mahila P.S. Case no.68 of 2024 registered under sections 316(2), 318(4), 69, 352, 351(2), 351(3) and 3(5) of the B.N.S, 2023.
3. The prosecution case relates to taking of money on the pretext of purchasing a land from the informant and thereby committing fraud.
4. In the last order dated 08.05.2025 the learned Advocate for the petitioner had submitted that the petitioner was ready to return the rest of the amount which was disclosed in the impugned order. Today, a supplementary affidavit has been filed
Patna High Court CR. MISC. No.87216 of 2024(4) dt.16-05-2025 2/3 on behalf of the petitioner giving the details of other payments. It has been stated that the petitioner is ready to pay the rest actual amount of Rs. 4,59,395/- which is the amount mentioned in the impugned order to the opposite party no. 2 in four equal installments. A cheque bearing number 464281 of Rs. 2 lakhs issued in the name of the informant of the Punjab National Bank dated 20.05.2025 is being handed over to the counsel appearing on behalf of the opposite party no.2 in Court. It is further submitted that rest of the amount would be paid to the informant/opposite party no.2 within a period of another three months.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Considering the fact that the case relates to misappropriation of money and the petitioner is willing to return the aforementioned amount, I am inclined to grant provisional bail to the petitioner. The bail bonds would be accepted however, only upon a confirmation from the opposite party no.2 that the first installment of Rs. 2 lakhs has been transferred in her account in the event of his arrest or surrender before the learned Court below within a period of four weeks, in connection with
Patna High Court CR. MISC. No.87216 of 2024(4) dt.16-05-2025 3/3 Buxar Mahila P.S. Case no.68 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below concerned/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
7. The learned Court below would however confirm the provisional bail granted to the petitioner upon proof of payment of entire amount of Rs. 4,59,395/-.
(Soni Shrivastava, J) Harsh/- U T