Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28147 of 2024 Arising Out of PS. Case No.-3229 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Prabhat Kumar Son of Sri Bhola Nath @ Bhola Prasad @ Bhola Nath Sahu Resident of Village- Mananpur, P.O.- Kawakol, Dist.- Nawada - 805106 at present Faculty, Research Fellow IIT, Delhi ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Sitaram Prasad Gupta Son of Late Mewa Lal Gupta R/o House No. 88 Jyoti Puram Colony, Maurya Path, Bailey Road, P.S.-Rajiv Nagar, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar, Advocate For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, A.P.P.

Mr. Raghunandan Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner, the State and opposite party no.2 .

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 406/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

3. As per the prosecution case, the complainant settled marriage of his daughter namely Pooja Kumari with one Prabhat Kumar, son of Bhola Nath (petitioner). On 15 of December 2018, said marriage was slated to be solemnized. But on dated 27 of December 2018, Bhola Nath came to house of the complainant and demanded Rs. 20 lakh for purchasing a Flat.

Patna High Court CR. MISC. No.28147 of 2024(3) dt.24-09-2024 2/3 The complainant, gave Rs. 6 lakhs in the bank account of Prabhat Kumar who is son of Ebola Nath Bhola Nath Sahu on the pretext of expenses of marriage. On dated 19 of February 2019 Ring Ceremony was held in which Rs. 1.5 lakh of the complainant has spent. On dated 20 of March 2019 he went to the house of Bhola Nath for fixing the date of marriage then he again demanded Rs. 20 lakh. Thereafter, the complainant and others family member returned and asked Bhola Nath to return his entire spent money but in Panchayati Bhola Nath forbade to return the money.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has committed no offence and the entire allegation levelled against him is false and fabricated. It is submitted that daughter of complainant is highly qualified and ambitious and the marriage of her daughter was happening against her will, so she married with another person by herself. Moreover, petitioner has not taken not a single penny from opposite party no.2 and the present complaint is nothing but an act of arms twisting for money recovery. Petitioner claims clean antecedent.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

Patna High Court CR. MISC. No.28147 of 2024(3) dt.24-09-2024 3/3

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be 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 Sub Divisional Judicial Magistrate, Patna in Complaint Case No. 3229 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T