Shivji Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60277 of 2022 Arising Out of PS. Case No.-199 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== Shivji Rai Son Of Late Bali Ram Rai R/O Village- Beliahia, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and Mr. Bharat Bhushan learned APP for the State.

The petitioner apprehends his arrest in connection with Bajpatti P.S. Case No.199 of 2022 instituted under Sections 406, 420/34 of the Indian Penal Code.

As per the prosecution story, the informant alleged that the marriage of his daughter was settled with the petitioner's son and he paid good worth Rs.2,50,000/- as also Rs.1,00,000/- in cash for the 'Barat' expenses and as they kept on demanding four wheeler and additional Rs.3,00,000/-. Being unable to do so, he had no option but to lodge FIR. Learned counsel for the petitioner submits that the entire theory is false, no such demand was ever made and the gift amount has also been exaggerated.

Learned APP on the other hand opposes the prayer for

Patna High Court CR. MISC. No.60277 of 2022(2) dt.08-02-2023 2/2 anticipatory bail stating that under conspiracy firstly they settled the marriage, took goods worth Rs.2,50,000/- as also Rs.1,00,000/- in cash, subsequently chose to turn their eyes away and in that backdrop no relief can be granted. This Court finds force in the submissions put forward by the learned APP. This is not a fit case for extending the benefit of anticipatory bail, which is accordingly rejected. (Rajiv Roy, J) Prakash Narayan /- U T