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Patna High CourtCR. MISC./11827/2018dismissed

Madan Lal v. State Of Bihar And ANR

2018-05-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11827 of 2018 Arising Out of PS.Case No. -1389 Year- 2017 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Madan Lal, Son of Late Kanhai Mahto, Resident of Mohalla- Station Chowk, Hajipur, Rajsthan Hotel Police Station- Hajipur Town, DistrictVaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Basudeo Kumar Singh, Son of Late Sita Ram Singh, Resident of VillageRaidih, Police Station- Hajipur Sadar, District- Vaishali. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan Sinha For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.1389 of 2017 Tr. No.4001 of 2017 registered for offences punishable under Sections 3⁄4 D.P. Act. Allegation against the petitioner is that the marriage of his son was fixed with the daughter of the complainant and in the engagement ceremony Rs.1,00,000/- was given but later on the petitioner refused to marry her and even not returning the money. Submission of the learned counsel for the petitioner is that that no such amount was taken in the engagement as a matter of fact the daughter of the informant refused to marry with the son of

Patna High Court Cr.Misc. No.11827 of 2018 (3) dt.04-05-2018 2/2 the petitioner, as such the present case has been filed. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that apart from Rs.01 lac was given in the engagement other than the articles but he is not returning the money. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T