Umesh Lal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42558 of 2018 Arising Out of PS.Case No. -43 Year- 2018 Thana -MAHILA P.S. District- PATNA ======================================================

1. Umesh Lal Singh S/o Late Kamta Prasad Singh, resident of VillageLahsuna, P.S. Masaurhi, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 43 of 2018, registered for offences punishable under Sections 420, 509 and 34 of the Indian Penal Code.

Allegation as per F.I.R is that the marriage of the informant was fixed with the son of the petitioner on 29.04.2018 and her father has given Rs. 10 lacs for ornaments and other items and her father has also spent Rs. 5 lacs for her marriage but on the date of marriage the groom and the barat party did not come. It has been submitted on behalf of the petitioner that he is still ready to get his son married with the informant and as a matter of fact false and concocted allegation has been levelled and the informant herself does not want to marry with the son of the petitioner.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court Cr.Misc. No.42558 of 2018 (2) dt.23-07-2018 2/2 informant. Learned counsel for the informant opposed the prayer for bail but he has agreed that if the petitioner is ready to get his son married with the informant, he has no objection with regard to prayer for grant of anticipatory bail but at the same time, he argued that an undertaking must be filed by the petitioner that he is ready to get his son married with the informant. Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below within a period of six weeks and file an undertaking that he would get his son married with the informant and the court below being satisfied with the same, shall release the petitioner on bail to his own satisfaction on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount in connection with Mahila P.S. Case No. 43 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

It is made clear that if the petitioner fails to get his son married with the informant, the prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T