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Judgment
Heard the parties.
This Criminal Miscellaneous Petition has been filed with the prayer to direct the opposite party no.2 to release Rs.1,60,648/- each deposited by the petitioner nos.1 and 2 and Rs.1,44,696/- deposited by the petitioner no.3 in terms of the order dated 10.11.2020 passed by this Court in A.B.A. No. 4597 of 2020.
Though notice has validly been served upon the opposite party no.2 yet no one turns up on behalf of the opposite party no.2 in-spite of repeated calls.
The brief facts of the case is that the petitioners were granted anticipatory bail vide order dated 10.11.2020 in A.B.A. No. 4597 of 2020 upon the petitioner nos.1 and 2 showing proof of deposit of Rs.1,60,648/- each with the informant-opposite party no.2 herein-Block Education Extension Officer, Gawan and the petitioner no.3 was directed to be released on bail on depositing Rs.1,44,696/-with the said opposite party no.2.
Drawing attention of this Court to Annexure-3 at page no.21, it is submitted by the learned counsel for the petitioners that the same is the certificate issued by the Block Education Extension Officer, Gawan namely Prabhakar Kumar dated 02.07.2021 which goes to show that the petitioner no.3 has deposited Rs.1,44,696/- and drawing attention of this Court to page no.22 of the brief, it is submitted by the learned counsel for the petitioners that the same is the certificate issued by the said Prabhakar Kumar- Block Education Extension Officer, Gawan showing that the petitioner nos.1 and 2 each have deposited Rs.1,60,648/- with the said Block Education Extension Officer, Gawan. It is next submitted by the learned counsel for the petitioners by drawing attention of this Court to the copy of the judgment dated 16.08.2024 passed by the learned Additional Chief Judicial Magistrate, Giridih in the said case that by the said judgment the petitioners were found not guilty of any of the offence for which they faced the trial and have been acquitted and they have been set at liberty and the bailors were also set free from their liabilities. It is then submitted by the learned counsel for the petitioners that in view of the acquittal, there is no rhyme or reason why the money deposited by the petitioners will not be returned to the petitioners.
Learned counsel for the State has no serious objection.
Considering the aforesaid facts, the opposite party no.2- Block Education Extension Officer, Gawan District Giridih is directed to pay Rs.1,60,648/- each to the petitioner nos.1 and 2 and Rs.1,44,696/- to the petitioner no.3 within 15 days of the production of the order by the petitioners before him.
In the result, this criminal miscellaneous petition is disposed of accordingly.