Shakshi Kashyap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9271 of 2023 Arising Out of PS. Case No.-532 Year-2022 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== SHAKSHI KASHYAP D/O LATE SANJIV KUMAR R/O VILLAGEGULAB BIGHA, P.S.- RAFIGANJ, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Alok Ranjan Son of Sri Chandradas Pathak R/O Mohalla- Babuganj, P.O. And P.S.- Rafiganj, District- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhimanyu Deo, Advocate For the Informant/s :

Mr. Krishna Prasad Singh, Senior Advocate :

Ms. Sushmita Singh, Advocate :

Mr. Atul Kumar, Advocate For the State :

Mr. Amitesh Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 406 of the Indian Penal Code.

As per the prosecution case, the accused persons, at gunpoint, threatened the complainant to leave Rafiganj and also not to call Shakshi Kashyap. It is also alleged that they assaulted the complainant with fists on his eye. It is further alleged that the complainant has given Rs. 2,00,000/- to the petitioner for the

Patna High Court CR. MISC. No.9271 of 2023(2) dt.12-05-2023 2/3 treatment of her mother but later she refused to return the money.

Learned counsel for the petitioner submits that the complainant has falsely implicated the petitioner in order to harass her and to compel her for marriage. It is further submitted by the learned counsel for the petitioner that complainant has alleged to have given Rs. 2,00,000/- cash to her but no documents have been given by the complainant to support the same. Moreover, complainant has already filed a Money Suit bearing Money Suit Case No. 15 of 2022. The petitioner claims clean antecedent.

Learned counsel for the State and the informant opposes the bail petition of the petitioner and submits that the complainant has given Rs. 2,00,000/- to the petitioner but when he asked to return the same, the petitioner refused to return the money.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Aurangabad in connection with

Patna High Court CR. MISC. No.9271 of 2023(2) dt.12-05-2023 3/3 Complaint Case No. 532 of 2022 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T