VIKASH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Anticipatory bail application filed by petitioner, Vikash Kumar is moved by Sri Parth Sarthi Ghosh, learned counsel for the petitioner and opposed by Sri P.K. Sahay, learned Additional P.P. and Sri Deepak Kumar, learned counsel for the O.P. No. 2. Petitioner filed a supplementary affidavit stating therein that he is ready to return the money which was advanced by the petitioner to the tune of Rs. 4,20,000/-(Rs. Four lacs twenty thousand).

(2.) It is submitted by Sri Deepak Kumar, learned counsel for the O.P. No. 2 that he has no objection, if petitioner will be granted anticipatory bail on the condition that he return the aforesaid money to the opposite party no. 2.

(3.) In view of the aforesaid agreement between the parties, I allow this application and direct the petitioner, above named, to surrender in the court below by 5th of January 2011and file a demand draft of Rs. 4, 20,000/- (Rs. Four lacs twenty thousand) in the name of opposite party no. 2 in the court below . In that event, learned Court below is directed to enlarge petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri M.C. Narayan., learned Judicial Magistrate, 1st Class, Koderma in connection with Complaint Case No. 465 of 2009 subject to the condition laid down under Section 438 (2) of the Cr.P.C. Learned court below is further directed to hand over the said demand draft to the opposite party no. 2 on proper identification.