Ram Mohan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24977 of 2020 Arising Out of PS. Case No.-2125 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== 1.
Ram Mohan Sah, aged about 56 years (M), Son of Singheshwar Sah, Resident of Village- Ram Nagar, Police Station- Palasi, District- Araria. 2.
Ranjeet Sah @ Ranjeet Prasad Sah, aged about 40 years (M), Son of Ram Mohan Sah, Resident of Village- Ram Nagar, Police Station- Palasi, DistrictAraria. 3.
Rajesh Sah @ Rajesh Kumar Sah, aged about 22 years (M), Son of Ram Mohan Sah Resident of Village- Ram Nagar, Police Station- Palasi, DistrictAraria. ... ... Petitioners
Versus
1.
The State Of Bihar.
2.
Ganesh Lal Sah, aged about 48 years (M), Son of Lauki Sah, Resident of Village- Kabilasi Ward No.07, Police Station- Simraha, District- Araria. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioners :
Mr.Mukesh Kumar Rana, Advocate.
For the State :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
Patna High Court CR. MISC. No.24977 of 2020(2) dt.15-10-2020 2/3 The petitioners are apprehending their arrest in a case for the offences registered under Sections 420 of the I.P.C. and 4 of the Dowry Prohibition Act.
The prosecution case, in short, is that the petitioner no.1 took Rs. 1,00,000/- cash and a Motorcycle from the complainant for solemnizing marriage of his son Rajesh Kumar Sah (petitioner no. 3) with his daughter but he tried to perform marriage of his another son Ranjeet Prasad Sah (petitioner no.
2) with the daughter of complainant in place of Rajesh Kumar Sah (petitioner no. 3) and when the matter was disclosed before the complainant, accused persons demanded cash of Rs. 5,00,000/- for solemnizing marriage of his son Rajesh Kumar Sah (petitioner no. 3) with the daughter of complainant and ultimately refused to marry his son with the daughter of complainant and grab the money and Motorcycle of the complainant.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The present case has been instituted on the basis of a complaint case filed in the learned court below. The allegation of marriage of the daughter of the complainant with the
Patna High Court CR. MISC. No.24977 of 2020(2) dt.15-10-2020 3/3 petitioner no. 3 is denied. The petitioner no. 1 never intended to get married of his son i.e., petitioner no. 3 with the daughter of the complainant. The present complaint has been instituted for oblique reason.
On behalf of the State, it is submitted that the petitioners are named in the Complaint/F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioners in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory 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 S.D.J.M., Araria, in connection with Complaint Case No. 2125C of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T