Ghanshyam Pandit v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28390 of 2018 Arising Out of PS. Case No.-1142 Year-2016 Thana- COMPLAINT CASE District- Araria ====================================================== Ghanshyam Pandit S/o Late Nunu Lal Pandit, R/o Vill.- Sonapur, Ward No. 10, P.S.- Narpatganj, Distt.- Araria.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Yognarayan Pandit, S/o Rashi Lal Pandit, R/o Vill.- Sonapur, Ward No. 10, P.S.- Chimdi, Distt.- Sunsari (Nepal).

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Complainant :

Mr. Gopal Kumar Jha, Advocate For the State :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner, learned counsel for the complainant and the State.

The petitioner apprehends arrest in Complaint P.S. Case No. 1142C of 2016, instituted for the offence under Sections 323,341,420,504,506 of the Indian Penal Code. Counsel for the petitioner has submitted that petitioner is father of boy with whom marriage of daughter of complainant is said to have been settled.

It has been further submitted that the son of petitioner did not agree to marry with daughter of complainant. In the complaint petition, it is alleged that Rs. 91,000/- cash and clothes worth Rs. 20,000/- was given to accused persons during engagement but marriage was not performed. But no any

Patna High Court Cr.Misc. No.28390 of 2018(2) dt.24-05-2018 2/3 supporting document has been filed with complaint petition. Counsel for petitioner submits that there was no money transaction between the parties. The instant case has been lodged due to annoyance and on instigation and instance of enemies of the petitioner.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1142C of 2016 to the satisfaction of the learned Additional Chief Judicial MagistrateV, Araria, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and

(3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move

Patna High Court Cr.Misc. No.28390 of 2018(2) dt.24-05-2018 3/3 for cancellation of bail of the petitioner.

(Sanjay Priya, J) khushbu/- U T