Surendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84396 of 2023 Arising Out of PS. Case No.-1232 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Surendra Rai S/O Sarvanand Rai @ Shirb Rai R/O Village-Bela, P.S-Bihta, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Ajay Singh S/o Rajnandan Prasad R/o Bela, P.O-Neura, P.S.-Bihta, DistrictPatna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2024 Heard Mr. Ajay Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Ram Anurag Singh, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1232 of 2021 registered under Sections 406 and 420 of the Indian Penal Code.

3. As per the allegation made in the Complaint case, the complainant paid Rs. 8 lakhs and five hundred to the petitioner for registration of land, but the same was not done by the petitioner.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.84396 of 2023(3) dt.16-04-2024 2/3 petitioner submits that the petitioner is ready to pay the entire amount to the complainant and prays that the matter be referred before the District Mediation Centre.

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

6. Considering the nature of allegation made in the complaint case, as well as, the fact that the complainant is ready to submit the mode of payment of Rs. 8 lakh and five hundred to the petitioner and the petitioner also desires to return the money to the complainant within a period of two months.

7. Considering the submission made on behalf of the parties, the matter is referred to the District Mediation Center, Patna. The parties are directed to appear before the District Mediation Center, Patna on 29.04.2024 and settle the dispute amicably. The Mediator must endeavour to reconcile between the parties and submit a report within a period of three months before the District Court.

8. In the meantime, no coercive steps shall be taken against the petitioner in connection with Complaint Case No. 1232 of 2021 pending in the court of learned J.M. Ist Class, Danapur.

9. In case the parties resolve their dispute amicably,

Patna High Court CR. MISC. No.84396 of 2023(3) dt.16-04-2024 3/3 the District Court may release the petitioner on pre-arrest bail on such terms and conditions as it deems fit and proper.

10. Accordingly, the bail application stands disposed of.

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