Mohan Lal Mahto vs The State of Jharkhand & Anr

Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the O.P. No.2.

Petitioners are apprehending their arrest in connection with the case registered under Sections 341, 342, 323, 328/34 of the Indian Penal Code.

In this case notices were issued to the O.P. No.2 and both the parties were directed to remain physically present before this Court.

Pursuant thereto, both the parties have appeared before this Court and O.P. No.2 has filed the counter affidavit in which he has stated that

parties have settled their matter amicably. It further appears that petitioner No.1 and informant are own brother and petitioner No.1 has agreed to

pay Rs. 3,50,000/- to the O.P. No.2 and he has handed over a cheque of Rs. 3,50,000/- today but his submission made that money could be

available in the aforesaid account latest by 31.03.2018.

O.P. No.2 is directed to present the cheque in the first week of April, 2018.

In the fact and circumstances of the case, petitioner Nos. 2 and 3, namely, Baliya Devi and Jai Prakash Mahto are directed to surrender in the

Court below within four weeks from the date of this order and in the event of their arrest or surrender the Court below shall enlarge them on bail

on furnishing bail bonds of Rs. 15,000/- (Rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of Judicial

Magistrate, Dhanbad in connection with Topchanchi P.S. Case No. 12 of 2017 corresponding to G.R. No. 611 of 2017, subject to the conditions

as laid down under Section 438(2) of the Cr.P.C.

So far as prayer for anticipatory bail of the petitioner No.1, namely, Mohan Lal Mahto is concerned he is directed to surrender in the Court

below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge him on provisional

anticipatory bail till 18.04.2018 on furnishing bail bonds of Rs. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the

satisfaction of Judicial Magistrate, Dhanbad in connection with Topchanchi P.S. Case No. 12 of 2017 corresponding to G.R. No. 611 of 2017,

subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Office is directed to keep the xerox copy of cheque of Rs. 3,50,000/- in the record.

List this case on 10.04.2018. On that date petitioner No.1, namely, Mohan Lal Mahto and O.P. No.2 are directed to remain physically present

before this Court and O.P. No.2 will inform that whether the cheque has been honoured or not so that confirmation of provisional anticipatory bail

will be considered.