Shankar Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32471 of 2025 Arising Out of PS. Case No.-4126 Year-2024 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Shankar Lal S/o Late Bineshwar Thakur Resident of Achhuara, Paliganj P.SPaliganj Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shyam Kumar S/o Sri Chhotan Thakur R/o Rajiv Nagar Road, no. 23, L P.S.- Rajiv Nagar, P.O - Kesari Nagar, Distt.- patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-12-2025

2. The petitioner apprehends his arrest for the offences alleged under Sections 3/4 of the D.P.Act, registered in connection with Complainant Case No. 4126C/2024.

3. As per allegation, the marriage of the daughter of the complainant was fixed with the petitioner. Phaldan ceremony was done. The complainant paid Rs. 1,00,000/- cash to the petitioner's family and again Rs. 1,11,000/- and the customary presents were given, but the petitioner neither solemnized the marriage nor returned the cash and gift.

4. The learned senior counsel for the petitioner has submitted that the real fact is that the petitioner is an aged

Patna High Court CR. MISC. No.32471 of 2025(6) dt.04-12-2025 2/3 person of 53 years, whereas the daughter of the complainant is about 23 years of age. There is considerable age gap between them and it is the reason for denial of marriage by the petitioner and due to this vendetta, he has falsely been implicated.

5. On the other hand, the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner, by submitting that after receiving cash and customary presents, the petitioner denied the marriage and also denied to return the cash and gifts given by the complainant at the occasion of phaldan ceremony and subsequent thereto. Then, the petitioner demanded a four-wheeler and when the same demand was not met, the petitioner denied the marriage.

6. The petitioner is physically present in Court. Prima facie, he appears more than fifty years of age. His submission is that he is suffering from cardiac disease and the reason for denial of marriage is a long age gap between the daughter of the complainant and the petitioner.

7. Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.32471 of 2025(6) dt.04-12-2025 3/3 to the satisfaction of learned J.M. 1st Class, Patna in connection with Complaint Case No. 4126C/2024.

(Nawneet Kumar Pandey, J) HR/- U T