Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54052 of 2019 Arising Out of PS. Case No.-555 Year-2018 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== ARUN KUMAR Son of Swaroop Lal, Resident of Village - 246, Shyam Nagar, Gorkha Bhawan, Near Water Tank, P.S.-Dharamshala Dist.- Kangra (Himachal Pradesh), at Present working at Vijya Bank as Probationary Officer, Lucknow Cant Branch Address No.318, Sadar Bazar, Lucknow Cant, Lucknow (U.P.) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shailendra Kumar Singh Son of Late Mahendra Prasad Singh, Advocate, Dist. Bar Association Bhagalpur, Resident of Village - Harinagar, P.O. and P.S.- Akbarnagar, Bhagalpur, Dist.- Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-08-2019 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.555 of 2018 for the offences allegedly committed by the petitioner under Section 406 of the Indian Penal Code and under Sections 3⁄4 of the D.P. Act.

The complainant (a practising advocate of District Bar Association, Bhagalpur) alleged in the complaint petition that a negotiation was held for marriage of the youngest daughter of the complainant with the petitioner and the marriage was settled. The petitioner was posted as a Clerk in S.B.I. It is further alleged that the engagement was held on 25.06.2017 and many articles and cash were presented to Mr. Swaroop Lal (father of

Patna High Court CR. MISC. No.54052 of 2019(2) dt.28-08-2019 2/2 the petitioner). Later on, Arun Kumar (petitioner) was selected as Probationary Officer in Vijaya Bank and he was posted at Lucknow Cant Branch. Thereafter negotiation was broken. Learned counsel for the petitioner submits that the marriage of the petitioner was never settled with the daughter of the complainant and the petitioner did not receive any farthing from the complainant. There is no chit of paper or any photographs attached with the complaint petition showing that the negotiation was held.

Having considered the facts and the nature of allegation made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur in connection with Complaint Case No.555 of 2018 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T