Ghura Sah @ Nand Kishor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47334 of 2023 Arising Out of PS. Case No.-839 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== 1.

Ghura Sah @ Nand Kishor Sah S/O Jamuna Sah R/O Village- Akon, P.OMahuat, P.S- Sonhan, Distt.- Kaimur At Bhabua. 2.

Ramesh Kumar S/O Nand Kishore Sah R/O Village- Akon, P.O- Mahuat, P.S- Sonhan, Distt.- Kaimur At Bhabua.

3.

Shreemati Urmila Devi @ Umaravti Devi W/O Nand Kishor Sah R/O Village- Akon, P.O- Mahuat, P.S- Sonhan, Distt.- Kaimur At Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raghurai Sah S/O Late Tilakdhari Sah R/O Village- Mico, P.S- Sonhan, Distt.- Kaimur at Bhabhua.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Pratap Singh For the State :

Mr. Suresh Prasad Singh For the Complainant :

Mr. Pawan Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the complainant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 504, 506, 420 and 379 of the Indian Penal Code.

3. As per the prosecution case, the marriage of the daughter of the complainant was fixed with the petitioner no. 2 and in that course the complainant along with his companions

Patna High Court CR. MISC. No.47334 of 2023(4) dt.02-11-2023 2/3 went to the house of the petitioners to perform "Tilak Ceremony" but the petitioners began to demand a Passion Pro Motorcycle and due to non arrangement of the said motorcycle the petitioners assaulted the informant and his companions and committed theft of cash and Rs. 1,00,000/- as well as gold ring and chain and cloths from the complainant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is some dispute between the parties, thereafter, marriage was not solemnized. He further submits that the petitioner is ready to pay Rs. 1,00,000/- to the complainant within a period of four months. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the statement made on behalf of the petitioner at bar, let the above named petitioners on provisional bail for four months, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six

Patna High Court CR. MISC. No.47334 of 2023(4) dt.02-11-2023 3/3 weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No.839 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The learned Court shall confirm the provisional bail of the petitioners after satisfying that the petitioners have paid Rs. 1,00,000/- to the complainant within a period of four months.

(Anjani Kumar Sharan, J) anand/- U T