The High Court of Jharkhand confirmed the petitioner's provisional anticipatory bail upon receipt of a report verifying that the disputed refund amount was fully deposited through a demand draft as directed.
Provisional anticipatory bail previously granted was confirmed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B. A. No.729 of 2018
Tarak Nath Mishra …… Petitioner Versus The State of Jharkhand …… Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner : Mr. Ajay Sah, Advocate For the State : A.P.P For the O.P. NO. 2: Mr. Manoj Kr. Sah, Advocate
08/Dated: 05/02/2019
It appears that under order dated 18.06.2018 the petitioner was granted provisional anticipatory bail till 19.11.2018 and further he was directed to return Rs, 2,00,000/- to the informant in four equal installments.
Further, on 08.01.2019 it was submitted by the counsel for the petitioner that petitioner has deposited the entire amount of Rs. 2,00,000/- by way of demand draft drawn in the name of O.P. No. 2 before the trial court but the trial court is not accepting the same as there was direction to deposit in four equal installments.
Thereafter under order dated 08.01.2019, the trial court was directed to accept the aforesaid demand draft and further O.P. No.2 was directed to appear before the trial court latest by 21.01.2019 and file application through learned counsel thereafter the aforesaid demand draft was to be released in favour of O.P. No. 2 after making proper verification and in this regard to submit report to this Court on or before 05.02.2019.
Report dated 25.01.2019 has been submitted by Sri Gaurav Khurana, learned J.M, Ist Class, Dhanbad reveals that in compliance of order dated 08.01.2019 the demand draft of Rs, 2 lakh was deposited by the petitioner which has been released in favour of O.P. No.2 on 21.01.2019.
As the order has been complied by the petitioner, provisional anticipatory bail granted to the petitioner under order dated 18.06.2018 is hereby confirmed.
Let a copy of this order be communicated to the court below through FAX.
(Anant Bijay Singh, J.)
Satyarthi/-
1 issue framed by the court
Whether the provisional anticipatory bail should be confirmed after the petitioner deposited the entire refund amount via a demand draft.
Tarak Nath Mishra
The State of Jharkhand
Anant Bijay Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
