Anurag Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63997 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== ANURAG KUMAR Son of Arun Raut Resident of Village- Mora, Police Station- Bena, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K Agrawal, Sr. Adv Mr. Vikram Singh, Adv Mr. Kumar Rajdeep, Adv For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 376, 323, 506/34 of Indian Penal Code.

Allegedly, the marriage of the informant was settled with the petitioner in 2018 but the accused persons assured to perform marriage after performing grihpravesh. It is further alleged that the accused persons started lingering the matter and in the meantime they had taken Rs.4,11,000/- from the family members of the informant. The accused persons assured to perform marriage in the month of December. It is further alleged that in the month of December, when her family members approached the accused persons to perform marriage, they flatly

Patna High Court CR. MISC. No.63997 of 2019(12) dt.10-11-2022 2/3 denied and also abused and assaulted them.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. He further submits that the petitioner is agreed to pay Rs. 4 lakhs to the O.P. No.2 by way of bank draft within three months. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on provisional bail for a period of four months in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Mahila P.S. Case No.72 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, the provisional bail of the petitioner shall be

Patna High Court CR. MISC. No.63997 of 2019(12) dt.10-11-2022 3/3 confirmed by the learned court below itself when the petitioner will pay the undertaken amount to the complainant within the stipulated time.

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