Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24071 of 2019 Arising Out of PS. Case No.-1155 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SONU KUMAR, Son of Late Shashi Kumar, Resident of Village - Navhi, P.S.- Naubatpur, Distt - Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Jainandan Sharma, Son of Late Sheopujan Singh, Resident of Village - Gopalpur, P.S.- Naubatpur, Distt - Patna.

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-04-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 1155(C) of 2017, disclosing offences under Sections 406 and 420 of the Indian Penal Code. There is allegation in the complaint petition that the marriage of the daughter of Opposite Party No. 2 was fixed with the petitioner, which could not finally materialise. Allegedly, the bride side had given a sum of Rs. 2,50,000/- (Two Lacs Fifty Thousand), which amount has not been returned, though the negotiation had failed.

Learned Counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.24071 of 2019(2) dt.15-04-2019 2/3 has submitted that the compliant case has been lodged for the purpose of putting undue pressure on the accused persons. My attention has been drawn to an order, dated 06.02.2019, passed in Cr. Misc. No. 6874 of 2019, whereby grandfather of the petitioner has been allowed anticipatory bail. Learned counsel appearing on behalf of the complainant has opposed the prayer for bail and has submitted that since the marriage was fixed with the petitioner, he should not be allowed the privilege of anticipatory bail. In my opinion, however, the reason recorded by this Court in the order, dated 06.02.2019, passed in Cr. Misc. No. 6874 of 2019, for allowing the petitioner of that case, privilege of anticipatory bail applies in the present case also. This application is, accordingly, allowed.

Let the petitioner, Sonu Kumar, in the event of his arrest or surrender before the Court below within six weeks, 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 Sub Divisional Judicial Magistrate, Danapur, District-Patna, in connection with Complaint Case No. 2219 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.24071 of 2019(2) dt.15-04-2019 3/3 This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U T