Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28430 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Subhash Kumar S/o Ram Prabesh Prasad Resident of Village- Katrisarai, P.S.- Katrisarai, Dist.- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samir Kumar Mr. Abhimanyu Deo For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

20-06-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 406, 420, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the marriage of niece of the informant was arranged with this petitioner and for this purpose, altogether Rs. 10 lacs was deposited in different accounts of petitioner's side, but on the date of engagement, the niece of informant refused to marry and as such, marriage could not be solemnized. It is further alleged that when informant demanded aforesaid money, he was abused and threatened by petitioner and his family members.

Patna High Court CR. MISC. No.28430 of 2024(3) dt.20-06-2024 2/3

4. Learned counsel for the petitioner, while denying the allegation made in the F.I.R., submits that petitioner has been falsely implicated in this case. The F.I.R. has been lodged after lapse of more than two years of the alleged occurrence. There is general and omnibus allegation. He further submits that the bank accounts, mentioned in the F.I.R., does not belong to petitioner or his any family members. As a matter of fact, the petitioner's side has neither taken any single rupee from the bride side nor any demand of dowry was made. He next submits that petitioner has already solemnize marriage with another girl in the year 2023, whereas, niece of informant is also married somewhere else. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner 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 learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Giriyak / Katrisarai P.S. Case No.

Patna High Court CR. MISC. No.28430 of 2024(3) dt.20-06-2024 3/3 428 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T