Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64374 of 2019 Arising Out of PS. Case No.-5156 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Pradeep Kumar Son of Prabhu Singh Resident of Village - Sohradih, P.S.- Telmar, Distt.- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aradhna Kumari D/o Sri Krishna Kumar Sinha Resident of Village - Jahanpur, Post - Pabera, P.S.- Dhanarua, Dist.- Patna, At Present resident of Bhagwat Nagar, P.S.- Agamkuan, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 5156C of 2017 registered under Sections 323 and 354/34 of the Indian Penal Code. The accusation is that petitioner was known to complainant, Aradhna Kumari due to distant relation and on assurance to perform the marriage, petitioner developed physical relation with the complainant and some photographs and video footage was kept by the petitioner in relation with the informant. When the complainant asked the petitioner to

Patna High Court CR. MISC. No.64374 of 2019(2) dt.24-10-2019 2/3 perform the marriage then petitioner and his mother, Kanti Devi, made demand of Rs.10,00,000/- from her parents but her parents showed their inability due to that reason, petitioner refused to perform the marriage. On 01.11.2017, the complainant along with her brother went to Mahila Police Station, Gandhi Maidan and registered D.R. No. 1431 of 2017, in which, petitioner was asked to appear on 20.11.2017. Therafter, on 20.11.2017, the informant along with her father and brother reached at Mahila P.S., where petitioner and his father also appeared. When the Police Officers of Mahila P.S. made query then petitioner made allegation against the complainant regarding her character and refused to perform the marriage with her.

Thereafter, she along with her brother was returning from the Mahila Police Station but in the way, petitioner and his parents started to cause assault to the complainant and took Rs.5000/- from the pocket of his brother and also snatched gold chain from her neck. Learned counsel for the petitioner submits that, admittedly, petitioner is in distant relation with the complainant due to that reason parents of complainant made request to the parents of the petitioner to perform the marriage of the petitioner with the informant but petitioner refused due to that reason the present case has been lodged with false allegation.

Patna High Court CR. MISC. No.64374 of 2019(2) dt.24-10-2019 3/3 Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned J.M. Ist Class, Patna, in connection with Complaint Case No. 5156C of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T