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Patna High CourtCR. MISC./40407/2023bail granted

Shrawan Kumar v. The State Of Bihar

2023-08-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40407 of 2023 Arising Out of PS. Case No.-3811 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SHRAWAN KUMAR S/O LATE PRAKASH RAM R/O Village- Babniyawa, PS. Ben, Dist. Nalanda ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SADAN RAM S/O LATE BALDEV RAM R/O Mohalla- Saichak (Bhatthapar) PS. Beur Dist. Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binoy Kumar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 3811 of 2017 registered for the offences punishable under Sections 415, 420 and 120(B) of the Indian Penal Code read with Sections 3⁄4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the complainant alleges that he was cheated by the accused persons, including the petitioner, in connection with the marriage of his daughter, it is next alleged that the petitioner disclosed that the groom is an

Patna High Court CR. MISC. No.40407 of 2023(2) dt.02-08-2023 2/3 engineer working in Delhi and thereafter he gave Rs. 3,00,000/- towards expenses of marriage but on inquiry, he came to know that the groom is not an engineer rather works in a call center and thus he asked the accused persons, including the petitioner, for returning his money on which the petitioner gave a cheque of Rs. 1,50,000/- but Rs. 1,50,000/- is still due.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the petitioner had disclosed that the groom is working in a call center and the complainant was ready to marry his daughter but later he got a better groom and thus the present false case came to be instituted, it is next submitted that whatever amount was given by the complainant that was returned by way of a cheque.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.40407 of 2023(2) dt.02-08-2023 3/3 satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 3811 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T