Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11914 of 2020 Arising Out of PS. Case No.-35 Year-2017 Thana- NTPC District- Bhagalpur ====================================================== KUNDAN KUMAR Son of Chakradhar Paswan Resident of Village - Ramchandrapur, P.S.- Goradih, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bipin Paswan Son of Late Goverdhan Paswan Resident of Village - Rajaun, Distt.- Banka, At Present Resident of Village - B/279, P- T.S., P.S.- NTPC Kahalkaon, Dist.- Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Verma, Adv.

For the Opposite Party/s :

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with NTPC P.S. Case No. 35 of 2017, registered under sections 406, 420, 504, 506 and 34 of the Indian Penal Code. As per allegation in the FIR, it is stated by the informant that he had fixed the marriage of his daughter with the petitioner under the impression that he had done his engineering but the same on verification turned out to be incorrect. For this reason the marriage was called off but the

Patna High Court CR. MISC. No.11914 of 2020(2) dt.25-06-2020 2/3 accused person including the petitioner were not returning the gift and money given by the informant.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. In any event of the matter, the case has been amicably settled between the parties and the total amount has been returned and received by the informant, which would be evident from Annexure-4 to the petition. It is further submitted that co-accused Chakradhar Paswan and Sudha Devi, the parents of this petitioner have been enlarged on anticipatory bail vide order dated 25.07.2019 passed in Cr. Misc. No. 24385 of 2019 contained in Annexure-3 to the petition.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the settlement arrived at between the parties and the petition filed on behalf of the informant as contained in Annexure-4, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with NTPC P.S. Case no. 35 of 2017, he will be

Patna High Court CR. MISC. No.11914 of 2020(2) dt.25-06-2020 3/3 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 learned Chief Judicial Magistrate, Bhagalpur subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T