← Library
Patna High CourtCR. MISC./52881/2021bail granted

Kamakhya Narayan Singh @ Kamakhya Narain Singh v. The State Of Bihar

2022-07-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52881 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== KAMAKHYA NARAYAN SINGH @ KAMAKHYA NARAIN SINGH Son of late Ash Nandan Singh @ Ash Narayan Singh Resident of Village - Pawat, P.S.- Ara Muffasil, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dashrath Mehta,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Shahpur P.S. Case no. 01 of 2021 registered on 02.01.2021 under Sections 420, 504, 506/34 of the Indian Penal Code. As per allegation in the FIR, on the pretext of marriage of his son, petitioner had taken an amount of Rs. Two lac and ten thousand from the informant. It is further alleged that later on, informant came to know that petitioner's son is already married and petitioner in connivance of his son, has cheated the informant. When the informant and his family members asked the petitioner to return their money, they were

Patna High Court CR. MISC. No.52881 of 2021(4) dt.26-07-2022 2/3 threatened and insulted by the petitioner and his family members.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has been falsely implicated in this case due to personal grievance. After performing the marriage of informant's daughter i.e. on 11.12.2020, the present case has been filed with ill motive. It is further submitted that after the marriage of informant's daughter, the petitioner's son was married on 07.07.2021, which falsify the prosecution story that son of the petitioner was already a married boy. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Shahpur P.S. Case no. 01 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara subject to the

Patna High Court CR. MISC. No.52881 of 2021(4) dt.26-07-2022 3/3 conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U