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Pankaj Kumar Suman v. State Of Bihar and Anr.

Patna HC6 May 2015CR. MISC./15741/2014

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What is this about?

Order confirming provisional anticipatory bail upon petitioner depositing demand drafts under a settlement agreement, conditional upon opposite party fulfilling obligations within eight weeks or return of drafts.

What did the court decide?

Deposit of two demand drafts before trial court, release to opposite party upon fulfillment of settlement obligations; bail confirmed contingent on deposit.

Pankaj Kumar Suman Vs State Of Bihar and Anr. — Contract and Commercial Disputes | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15741 of 2014

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Arising Out of PS.Case No. -372 Year- 2013 Thana -PHULWARI District- PATNA ====================================================== Pankaj Kumar Suman, Son of Late Sukath Ram, Resident of Village- Bhata Pokhar, P.S- Muffasil, District- Siwan. .... .... Petitioner Versus 1. The State of Bihar 2. Vijaya Raje, D/O Shiv Mangal Sinha, W/O Pankaj Kumar Suman Resident of Mohalla- Shailesh Puri, P.O- Anishabad, P.S- Phulwari Sarif, District- Patna. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Rajeev Ranjan Sinha, Advocate For the State : Mr. Jitendra Kumar Singh, APP For O.P. No.2 : Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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10 06-05-2015 Learned counsel appearing on behalf of the petitioner submits that further two demand drafts for Rs.2,00,000/- and Rs.3,00,000/- have been prepared on 15.04.2015 and 04.05.2015 respectively, towards the balance amount under the settlement agreement to be paid in terms of the mediation report.

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Learned counsel for the opposite party no.2 has examined the aforesaid demand drafts in Court today and undertakes that the opposite party no.2 shall take steps to implement all actions required to be taken by her in terms of the settlement.

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In view of the aforesaid stand of the parties, let the aforesaid two demand drafts be deposited before the learned

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Patna High Court Cr.Misc. No.15741 of 2014 (10) dt.06-05-2015

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court below, which shall be released to the opposite party no.2 upon the opposite party no.2 fulfilling her obligations under the terms of settlement to the satisfaction of the learned court below. The provisional anticipatory bail granted to the petitioner in connection with Phulwari Sharif P.S. Case No. 372 of 2013 pending in the court of Sri Jyoti Prakash, learned Judicial Magistrate, Ist Class, Patna, in terms of the order of this Court dated 04.04.2014 shall stand confirmed upon the aforesaid demand drafts being deposited before the learned court by the petitioner.

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In case the opposite party no.2 fails to fulfill her obligations as aforesaid within a period of eight weeks from the date of receipt/production of a copy of this order, the demand drafts shall be returned to the petitioner.

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(Vikash Jain, J)

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B.T/U T

Pankaj Kumar Suman v. State Of Bihar and Anr.

Case brief

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Pankaj Kumar Suman v. State Of Bihar and Anr.

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