Mukesh Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30787 of 2024 Arising Out of PS. Case No.-14 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Mukesh Kumar Prasad Son of Baijnath Prasad Resident of Village- Koriya Bigha Near Budhauli, District- Nawada at present Resident of Railway Division Lohichak, Chakradharpur, District- Chakradharpur (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rambaran Prasad S/O- Bhagwat Mahto, R/o vill- oraiya, P.S. -Lakhisarai, Dist Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shaukat Alam For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner, opposite party no. 2 and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420, 120B, 506/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

3. Allegation against the petitioner is that he received Rs. 17,00,000/- from the complainant for the purpose of marriage of his daughter but he refused to marry with the daughter of the complainant. It is also alleged that the petitioner did not return the aforesaid amount.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.30787 of 2024(4) dt.13-12-2024 2/2 the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has received Rs. 6,00,000/- from the complainant which has already been returned to him. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and opposite party no. 2 oppose the prayer for bail and submit that Rs. 11,00,000/- has also been given by complainant to the petitioner which has not been returned to him.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Lakhisarai P.S. Case No. 14 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T