Patna High Court - Orders
Sudhir Pd. Singh vs State Of Bihar & Anr on 20 October, 2016
Author: Anjana Mishra
Bench: Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19366 of 2016
Arising Out of PS.Case No. -27267 Year- 2014 Thana -PATNA COMPLAINT CASE District-
PATNA
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Sudhir Pd. Singh, S/o late Ram Ashok Singh, Resident of Mohalla I.O.C.
Coloney, P.S.- Agamkuan, District- Patna- 800026
.... .... Petitioner
Versus
1. The State of Bihar
2. Sri Sanjay Kumar, S/o Sri Jawahar Lal Chaudhary, Resident of Sri
Krishna Balaji, Enclave Flate No. 102, Rly. Hunder Road, East Lohanipur,
P.S.- Kadam Kuan, Dist- Patna- 800003
.... .... Opposite Parties
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Appearance:
For the Petitioner : Mr. Tilak Sao, Advocate
For the Opposite Parties : Mr. D.P. Tiwary(APP)
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
8 20-10-2016Heard learned counsel for the petitioner and learned counsel for the O.P.No.2 as well as learned counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Complaint Case No. 27267 of 2014 registered for the offences punishable under Sections 420, 379 and 323 of the Indian Penal Code.
Earlier the matter was referred to the Patna High Court Mediation Centre and a Mediation Proceeding No. 296 of 2016 was registered. A mediation report has been received in this Court on 23.09.2016, in which the mediator has informed this Patna High Court Cr.Misc. No.19366 of 2016 (8) dt.20-10-2016 2/3 Court that the dispute between the parties has been resolved through the process of mediation and settlement has been arrived at between the parties. The terms of the settlement between the parties is attached to the present mediation report. As per the report, initially the petitioner is to pay to the O.P.No.2 namely, Sri Sanjay Kumar having Account No. 50100156204921, in HDFC Bank, Exhibition Road, Patna having IFSC Code HDFC0000186 in which, the first installment of Rs.15,00,000/- is to be deposited by the petitioner, at the time of filing of surrenders to appear in the court for the purposes of pre arrest bail, thereafter the petitioner has been required to pay the rest amount, in the manner, as indicated, in the terms of the compromise, which forms part of the mediator's report.
In view of the aforementioned facts and circumstances, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Sri Ranjit Pd., Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 27267 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Patna High Court Cr.Misc. No.19366 of 2016 (8) dt.20-10-2016 3/3
It is made clear that if the petitioner violates the terms of the compromise as indicated in the compromise attached to the mediator report, it shall be open to the O.P.No.2 to approach before the appropriate court, which shall include modification of the orders through cancellation of bail.
(Anjana Mishra, J.) ravi/-
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