Pritam Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.355 of 2024 Arising Out of PS. Case No.-2312 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.

Pritam Kumar Sinha Son of Mukesh Kumar @ Mukesh Kumar Sinha R/O Mohalla- Vikash Nagar Maranga, P.S.- K. Hat (MARANGA), Dist.- Purnea. 2.

Mukesh Kumar @ Mukesh Kumar Sinha Son of Late Hari Shankar Prasad R/O Mohalla- Vikash Nagar Maranga, P.S.- K. Hat (MARANGA), Dist.- Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Pradeep Kumar Son of Upendra Pd. Yadav R/O Village- Rahta, P.S.- Kumarkhand, Dist.- Madhepura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the State :

Mr. Md. Matloob Rab, APP For the O.P. No.2 :

Mr. Vivekanad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2024 Heard Mr. Ram Prawesh Kumar, learned counsel appearing on behalf of the petitioners; Mr. Md. Matloob Rab, learned APP appearing on behalf of the State and Mr. Vivekanad Singh, learned counsel appearing on behalf of the O.P. No.2.

2. The petitioners apprehend their arrest in connection with Complaint Case No. 2312 of 2022 registered under Section 138 of the N.I. Act and Section 420 of the Indian Penal Code.

3. As per the allegation made in the complaint case, a cheque of Rs.11,00,000/- issued by the petitioners in favour of the complainant got dishonored.

Patna High Court CR. MISC. No.355 of 2024(3) dt.16-04-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are ready to return the entire amount and prays that the matter be referred to the District Mediation Centre for amicable settlement of dispute between the parties.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation made in the complaint, as well as, the fact that the petitioners are ready to return the entire amount and specific prayer of the petitioners that the matter be referred to the District Mediation Centre for amicable settlement of dispute between the parties, the petitioners, above named, are directed to appear before the District Mediation Centre, Purnea on 29.04.2024 and resolve the dispute amicably between the parties.

7. The Mediator is directed to submit a report well within a period of two months before the District Court. Till that period, no coercive steps shall be taken against the petitioners in connection with Complaint Case No. 2312 of 2022, pending in the court of learned Judicial Magistrate, 1st Class, Purnea.

8. The District Court on the basis of the report submitted by the Mediator in case finds that the parties have

Patna High Court CR. MISC. No.355 of 2024(3) dt.16-04-2024 3/3 resolved their dispute amicably, then in that case, may release the petitioners, above named, on pre-arrest bail on such terms and conditions as it deems fit and proper or in alternative, the interim relief granted to the petitioners by this Court shall become inoperative.

9. Mr. Ram Prawesh Kumar, learned counsel appearing on behalf of the petitioner has undertaken that he will ensure that the petitioners inform the complainant for appearing before the Mediator of the District Mediation Centre on 29.04.2024.

10. The bail application, accordingly, stands disposed of.

(Purnendu Singh, J.) Mantreshwar/- Ashishsingh/- U T