Awadhesh Kumar @ Awadhesh Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66835 of 2019 Arising Out of PS. Case No.-246 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Awadhesh Kumar @ Awadhesh Kumar Jaiswal, S/o Shri Ramchandra Prasad Jaiswal Resident of Pratap Patti, P.S.- Sahebganj, DistrictMuzaffapur 2.

Asha Jaiswal W/o Awadhesh Kumar Jaiswal Resident of Pratap Patti, P.S.- Sahebganj, District- Muzaffapur 3.

Kaushik Kumar @ Golu S/o Awadhesh Kumar Jaiswal Resident of Pratap Patti, P.S.- Sahebganj, District- Muzaffapur 4.

Aditya Kumar S/o Awadhesh Kumar Jaiswal Resident of Pratap Patti, P.S.- Sahebganj, District- Muzaffapur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshman Lal Pandey For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-12-2019 This is an application for grant of anticipatory bail in connection with Ghorasahan P. S. Case No. 246 of 2019 disclosing offences under Sections 406, 420 and 34 of the IPC. As per F.I.R. there is allegation against the petitioner is that the marriage of his son was fixed with the daughter of the informant of Rs.1,50,000/- in the account of petitioners and Rs.3,00,000/- in the engagement and also given Rs. 6 lacs to one Avdesh Kumar, which he has given in the account of one Pappu Kumar. The date of marriage was fixed, but thereafter, again a demand of Rs.6 lacs was made. Out of which, Rs.2 lacs cash was given to Avdesh Kumar and when asked to fix the date of

Patna High Court CR. MISC. No.66835 of 2019(3) dt.17-12-2019 2/3 marriage, they again demanded Rs.7 lacs for four wheeler and other articles worth Rs. 3 lacs and also a flat in Delhi and thereafter, he enquired about the same, he came to know that the son of the petitioners has an illicit relationship with a girl. Thereafter, he demanded the money back, but he has not returned the same.

Submission of the learned counsel for the petitioners is that the F.I.R. itself shows that marriage was dissolved by the informant side and the petitioners have returned Rs.3,11,000/- in presence of the witnesses and allegation of other amount is false and concocted.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who opposed the prayer for anticipatory bail.

Having heard both sides, considering the above submission, this application is allowed. The provisional bail granted to the petitioners, vide order dated 20.11.2019 is confirmed with condition that they will co-operate in the investigation and if the charge sheet is submitted for trial also. (Vinod Kumar Sinha, J) Sunil Shukla/- U T

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