Guput Gandhi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42589 of 2016 Arising Out of PS.Case No. -267 Year- 2014 Thana -PIRO District- BHOJPUR =====================================
1. Guput Gandhi, son of Mukhlal Sah.
2. Santosh Sah, son of Guput Gandhi.
Both residents of Village- Sohada, P.S.- Kachhawa, DistrictRohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Surendra Kr. Mishra, Adv. For the Opposite Party/s : Mr. Ranjit Ranjan, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-10-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Piro (Hasan Bazar) P.S. Case No. 267 of 2014, disclosing offences under Sections 420 and 406/34 of the I.P.C. and Section 3/4 of the D.P. Act.
It is alleged in the First Information Report that the accused persons after having agreed for marriage of son of petitioner No. 1 with the daughter of the informant, subsequently went back from their promise they misappropriated the amount, which they had taken at the time of negotiation/Chhekha.
Patna High Court Cr.Misc. No.42589 of 2016 (2) dt.21-10-2016 2/2 Learned counsel for the petitioners has submitted that the allegation against the petitioners is wholly malicious and it has been made only because they were not inclined to accept the proposal of the informant of the his daughter's marriage with the son of petitioner. Considering the nature of allegation, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ara, District-Bhojpur, in connection with Piro (Hasan Bazar) P.S. Case No. 267 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/-c U T