Yogesh Narayan Sah @ Chiku v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53000 of 2017 Arising Out of PS.Case No. -470 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Yogesh Narayan Sah @ Chiku, Son of Sri Shiv Prasad @ Shiv Prasad Gupta, Resident of Village- Gazipur Ward No.-9, Makan No.- 132, Vaidya Toli (Rajganj) Farm Vivek Plastic Shop, P.S.- Gazipur, District- Gazipur (Uttar Pradesh).

.... .... Petitioner

Versus

1. The State of Bihar.

2. Vijay Kumar Gupta @ Vijay Pratap Gupta, Son of Late Satyanarayan Gupta, Resident of Bhabhua Ward No.13, P.S.- Bhabhua, DistrictKaimur at Sasaram. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjeet Kumar For the State : Mr. Md. Anzarul Haque Sahara, APP For O.P. No. 2 : Mr. Anjani Kumar Sinha No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-11-2017 Heard learned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel appearing on behalf of O.P. No. 2.

Petitioner apprehends his arrest in connection with Bhabhua PS Case No. 470 of 2017 registered under Sections 406 and 420/34 of the IPC.

The allegation in brief is that the marriage of the informant's daughter was fixed with the petitioner but even after engagement ceremony the petitioner retracted from the marriage for non fulfillment of the demand of Swift Desire car. Learned Counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.53000 of 2017 (2) dt.09-11-2017 petitioner did not refuse to marry because non fulfillment of any further demand rather the girl was not the same with whom earlier the marriage was proposed with the petitioner and it is also submitted that other co-accused, the family members of the petitioner, have been granted anticipatory bail by a coordinate Bench of this Court. There is no specific allegation that this petitioner made demand of car.

Having considered the said facts and circumstances, the petitioner, namely, Yogesh Sah @ Chiku in the event of his arrest or surrender before the court below within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Kaimur at Bhabhua in connection with Bhabhua PS Case No. 470 of 2017 subject to conditions as laid down under Section 438(2) Cr.P.C.. (Arun Kumar, J.) Snkumar/- U T