IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27270 of 2011
Md. Moinuddin @ Md. Moin, Son of Late Md. Ahmad Hussain, Resident of
Village Sandalpur, P.S. Sahebpur Kamal, District Begusarai.
---------- Petitioner
Versus
The State Of Bihar
-------- Opposite Party
-----------
02. 07/09/2011 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with a
case registered for the offence punishable under Sections 323, 409, 504
of the Indian Penal Code, is one of the named accused in this complaint
case being a postal peon.
Submission is that due to some mistake in identity, the
money order issued for the complainant was paid to another person
having similar name and when the defects could be detected an attempt
was made to pay the money of the complainant, which was refused.
Subsequently, it was deposited to the authorities. Further, submission is
that realizing the true affairs, parties have already entered into
compromise and in this regard due petition is filed.
Considering the facts and circumstances of the case, on the
event of complainant appearing before the court below supporting the
factum of compromise with his free will and consent without any
coercion and also stood as one of the bailors, in the event of his
arrest/surrender before the court below within four weeks, let the above
named petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand only) with two sureties of the like amount each
to the satisfaction of Judicial Magistrate, 1st Class, Begusarai, in
connection with Complaint Case No. 380C of 2007, subject to condition
laid down under Section 438(2) of the Criminal Procedure Code with
additional condition to remain physically present before the court below
on each and every date at least for two years or till disposal of the case,
whichever is earlier, in case of failure on two consecutive dates, without
giving any reasonable explanation, the liberty granted shall be deemed
to be cancelled.
Praveen/ ( Akhilesh Chandra, J.)