Ajit Choudhari @ Ajij Choudhary And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36711 of 2018 Arising Out of PS. Case No.-596 Year-2017 Thana- GAYA COMPLAINT CASE DistrictGaya ======================================================

1. Ajit Choudhari @ Ajij Choudhary, S/o Late Somar Choudhary,

2. Aslok Choudhari S/o Ajit Choudhary @ Ajij Choudhary, Both are R/o Vill.- Tetuyan, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ashok Choudhary S/o Nathun Choudhary, R/o Vill.- Alipur, P.S.- Buniyadganj, District- Gaya.

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

For the Petitioner/s :

Mr. Kunwar Narayan Jamuar For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Complaint Case No. 596 of 2017 registered for offences under sections 506, 406/34 of the Indian Penal Code.

In the present case, learned counsel for the petitioners submits that the marriage was fixed but, there was no transaction of money between the parties and the allegation with respect to Rs. 80,000/- is baseless as the Complainant is a rickshaw-puller and, in the complaint petition, it has been mentioned that he has kept the money in a small pot which he had given by way of gift. Learned counsel for the petitioners

Patna High Court Cr.Misc. No.36711 of 2018(2) dt.02-07-2018 2/2 further submits that he has attached the proceedings of the Gram Kutchery wherein it has been mentioned that there was negotiation for marriage but, no payment has been made from the side of the Complainant.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya in connection with Complaint Case No. 596 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T