Gopal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20848 of 2020 Arising Out of PS. Case No.-547 Year-2019 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== 1.

Gopal Prasad 2.

Prahlad Prasad Both sons of Late Hari Lal Resident of Purani Bazar Nawada, P.S. and Distt- Nawada.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Kamta Prasad Son of Harikishun Saw Resident of Ramchandrapur, P.S.- Laheri, District- Nalanda.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhola Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-01-2021 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State as well as learned counsel of opposite party no. 2.

Petitioners apprehend their arrest in connection with Nalanda Complaint Case No. 547 C of 2019 in which cognizance has been taken for the offence punishable under Section 406 of the Indian Penal Code.

The opposite party no. 2 claimed in his complaint petition that Rs. 4,51,000/- was given to petitioners and their family members at the time of negotiation of marriage of son of

Patna High Court CR. MISC. No.20848 of 2020(3) dt.27-01-2021 2/2 petitioner no. 1 but subsequently, petitioners and their family members refused to get solemnize marriage and made further demand.

Perusal of complaint petition goes to show that fact of giving Rs. 4,51,000/- has been mentioned in the complaint petition but it has not been mentioned as to who received the aforesaid amount.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 2nd Class, Nalanda at Biharsharif in Nalanda Complaint Case No. 547 C of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/- U T