Patna High CourtCR. MISC./1662/2019disposal with observation

Manoj Singh And ANR v. The State Of Bihar

2019-01-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1662 of 2019 Arising Out of PS. Case No.-107 Year-2018 Thana- MAHILA P.S. District- Bhojpur ======================================================

1. Manoj Singh Son of Late Suresh Singh.

2. Manish Kumar Singh son of Shri Manoj Singh Both resident of Village - Bakhorapur, P.S. Barahara, District Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Rashmi For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-01-2019 This is an application for grant of anticipatory bail in connection with Mahila P.S. Case No. 107 of 2018, disclosing offences under Sections 406, 420, 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act.

Allegation as per F.I.R. is that the marriage of daughter of the informant was fixed with petitioner no.2 and rupees two lacs was spent in the ring ceremony by the informant and again thereafter rupees 3 lacs was given to the petitioners, but thereafter they refused to marry with the daughter of the informant and further demanding rupees ten lacs and Maruti Swift Desire car.

Submission of learned counsel for the petitioners is that the whole allegation is false and concocted and as a matter

Patna High Court Cr.Misc. No.1662 of 2019(2) dt.24-01-2019 2/2 of fact the girl was found to be more aged with respect to petitioner no.2 and as such the marriage was not solemnized. Further, the petitioners have no criminal antecedents. Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioners stating that the allegation of age of daughter of the informant is more than with respect to the petitioner no.2 is false and concocted and they refused to marry only due to demand of rupees 10 lacs and a car.

Having heard both sides, considering the above facts and circumstances of the case, this application is disposed of with a direction to the petitioners to surrender before the court below within a period of six weeks along with the bank draft of Rs.2,50,000/- duly drawn in favour of the informant, which shall be deposited in the court below subject to outcome of the case.

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