Brahma Singh @ Verma Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6874 of 2019 Arising Out of Complaint Case No.-1155 Year-2017 District- Patna ====================================================== Brahma Singh @ Verma Singh Son of Late Ishwardhari Singh Resident of Village-Navhi, P.S.-Naubatpur, District-Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. Jainandan Sharma, son of late Sheopujan Singh resident of village- Gopalpur, P.S. - Naubatpur, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-02-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1155(C) of 2017 dated 01.11.2017 in which cognizance has been taken under Sections 406 and 420 of the Indian Penal Code. From the narration made in the complaint petition, it appears that the marriage of the daughter of Opposite Party No. 2 was fixed with the grandson of the petitioner, which could not be solemnized. Though, in the complaint petition, it has been alleged that 2.5 lakh rupees was given to the family of the petitioner, but the marriage could not be

Patna High Court Cr.Misc. No.6874 of 2019(2) dt.06-02-2019 2/3 solemnized.

Learned counsel for the petitioner on the other hand has submitted that from the narration made in the F.I.R., it would become very clear that there was an effort by the parties to see the boy and the girl and thereafter it was decided that the marriage would not be solemnized. Only as a vindictive measure, the aforesaid complaint has been lodged. There is no proof of the fact that there was any money given to the groom side and that also to the petitioner who is grandfather of the groom.

Learned counsel for the petitioner has further pointed out that the groom has already been married at some other place, whereas the daughter of the informant / Opposite Party No. 2 also stands married.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the

Patna High Court Cr.Misc. No.6874 of 2019(2) dt.06-02-2019 3/3 like amount each to the satisfaction of the learned S.D.J.M., Danapur, District - Patna in connection with Complaint Case No. 1155(C) of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U