Patna High CourtCR. MISC./17025/2025bail granted

Rohit Shaw @ Rohit Kumar v. The State Of Bihar

2025-03-17Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17025 of 2025 Arising Out of PS. Case No.-273 Year-2024 Thana- BHAGWANPUR District- Begusarai ====================================================== Rohit Shaw @ Rohit Kumar S/O Sone Lal Sah @ Sonelal Shaw Resident of Village- Nola ward No.- 14, P.S- Bhagwanpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Khusbu Devi W/O Ranjan Sah R/O Village- Pakahi, P.S- Bibhutipur, Distt.- Samastipur.

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-03-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 273 of 2024 dated 12.09.2024 registered under Sections 3⁄4 of the D.P. Act.

3. The prosecution case as per the first information report is that on 15.07.2024 Munna Sah and his son Aditya Kumar @ Subham came at the house of the informant and said that they have found a suitable match for her daughter and suggested the name of the petitioner Rohit Kumar. Thereafter the informant along with her family members went to see the boy (Rohit Kumar). The marriage negotiation took place with the groom's

2/4 father Sone Lal Sah @ Sonelal Shaw after which tilak / shagun ceremony was organized on 07.08.2024 in which a sum of Rs. 1,51,000/- was given to the petitioner along with other gold ornaments and clothes total amounting to Rs. 8,00,000/- as gift. When the informant asked them to fix the date of marriage, the accused persons including the petitioner demanded a sum of Rs. 2,50,000/- and one bullet motorcycle as dowry and when the demand was not fulfilled, the petitioner was married with another girl namely, Salini Jaysawal.

4. Learned counsel for the petitioner submits that allegation against the petitioner is totally false inasmuch as negotiation had taken place and engagement was held on 07.08.2024 in which only a sum of Rs. 50,000/- was given as gift to petitioner by the side of the informant. He further submits that the allegation that ornaments were given is not correct and some clothes were only given. However a sum of Rs. 1,51,000/- has already been refunded to the informant by way of cheque of Rs. 1,50,000/- and Rs. 1000/- in cash. The cheque of Rs. 1,50,000/- bearing cheque no. 000022 dt: 27.02.2025 of Kotak Mahindra Bank in favour of husband of the informant and cash amount of Rs. 1000/- has already been handed over to Mr. Rohit Raj, learned counsel appearing on behalf of the informant in the anticipatory

3/4 bail application filed by the father of the petitioner and other co-accused bearing Cr. Misc. No. 2437 of 2025 and privilege of anticipatory bail was granted vide order dated 27.02.2025.

5. Learned counsel for the informant submits that the allegation against the petitioner is correct based on real facts. However only for the purpose of bail and without prejudice to the rights and contentions of the informant, the informant accepted the cheque as well as cash amount given to her.

6. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that a sum of Rs. 1,51,000/- has already been paid to the informant by way of cheque and cash and similarly situated co-accused persons have been granted anticipatory bail by this court accordingly I am inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Begusarai in connection with Bhagwanpur P.S. Case No. 273 of 2024 subject to the condition as laid down

4/4 under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J) praful/- U T