IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36304 of 2010
BIMLESH KUMAR DAS, Son of Shri Narain Lal Das, Resident of Line
Bazar, P.S. K.Hat, District Purnea.
............Petitioner
Versus
1.THE STATE OF BIHAR
2.SMT. MALA SAH, Wife of Doctor Bindeshwari Prasad Sah, Resident
of Line Bazar, P.S. K.Hat, District Purnea.
............Opposite Parties
-----------
02/- 18-11-2010 Heard learned counsel for the
petitioner and Additional Public Prosecutor
for the State.
Petitioner is named accused in this
complaint case with allegation of taking a
substantial amount worth Rs. 10,000/- from
the complainant-opposite party no. 2 on
execution of some document. During course of
argument, it is submitted by learned counsel
for the petitioner that though he has taken
the money, but paid of major portion, of
course no amount is paid towards interest on
the amount so advanced. However, petitioner
is ready to make payment of the remaining
amount, but up to the last month of June,
2011. During course of argument, it is
further agreed that over the total amount
2
advanced simple interest at the rate of 8%
shall be calculated from the date of
advancement till its final realization and
total amount be paid by the petitioner by
30th June, 2011, deducting the amount already
refunded either through cash or cheque. In
case of non-payment of the amount by the date
fixed i.e. 30th June, 2011, the rate of
interest 8% shall be treated converted from
simple to compoundable. It is further agreed
that on final refund, the complainant shall
return the undated cheques received as
mentioned in the complaint petition.
Considering the facts and
circumstances of the case, the petitioner on
the event of filing an undertaking in support
of the agreement aforesaid regarding payment
with interest order till 30th June, 2011, in
the event of his arrest/surrender before the
court below within four weeks of receipt of
the copy of this order, petitioner, namely,
Bimlesh Kumar Das, is directed to be released
on bail on furnishing bail bond of Rs.
10,000/- (ten thousand only) with two
sureties of the like amount each to the
3
satisfaction of Chief Judicial Magistrate,
Purnea in connection with Complaint Case No.
CA 2673 of 2010, 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 one
year or till disposal of the case whichever
is earlier, in case of failure on two
consecutive dates, the liberty shall be
deemed to be cancelled.
It is further, made clear that on
non-payment by scheduled date, the privilege
granted shall be deemed to be cancelled.
Praveen (Akhilesh Chandra, J.)